Fraud Notes: Duplication in Duplicate
- Mar 7 2022
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. As readers of this Blog know, …
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The First Department Addresses Reimbursable Fees Awardable Under RPAPL 881
- Mar 4 2022
By Jonathan H. Freiberger As indicated in our previous articles regarding RPAPL 881, Real property owners or lessees (“Owners”) often find that their real property is in need of improvement …
Clarified Arbitration Awards, Arbitrator Bias and Vacatur
- Mar 2 2022
By: Jeffrey M. Haber Arbitration is an alternative dispute resolution mechanism that enables parties to resolve disputes without going to court. Arbitration is similar to a trial without the formalities. …
Choice of Law Clause: Which Law Should Be Applied?
- Feb 28 2022
In drafting a contract, it is very common for the parties to include a choice of law provision. These provisions typically provide that a particular state’s law will apply regardless …
Second Department Addresses the Presumption of Receipt of a Properly Mailed Letter in the Context of a RPAPL 1304 Notice
- Feb 25 2022
By Jonathan H. Freiberger Just when you thought that there is nothing left to write about on RPAPL 1304 notices, a new case is decided with an interesting twist. Followers …
Dispute Resolution Clause Bars Breach of Contract and Fraudulent Inducement Claims
- Feb 23 2022
By: Jeffrey M. Haber When someone speaks of a dispute resolution clause, lawyers most likely think the speaker is referring to an arbitration clause. But, as discussed in Innovative Concepts …
SEC Seeks to Amend Whistleblower Rules To Further Incentivize Whistleblowers To Report Violations of Law
- Feb 22 2022
By: Jeffrey M. Haber Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act added Section 21F to the Securities Exchange Act of 1934 (“Exchange Act”), establishing the Securities …
Second Department Finds Lender’s “Reasonable Excuse” Unavailing After Failing To Timely Seek Default Judgment Pursuant To CPLR 3215(c)
- Feb 18 2022
By Jonathan H. Freiberger On February 16, 2022, the Appellate Division, Second Department, decided Bank of New York Mellon Trust Company v. Lee, a mortgage foreclosure action that was dismissed, …
Lost Profits and Promises of Future Performance
- Feb 16 2022
By: Jeffrey M. Haber It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event …
First Department Finds Arbitrator Exceeded Authority By Awarding Relief Not Demanded
- Feb 14 2022
By: Jeffrey M. Haber As readers know from past articles, CPLR § 7511 (b) sets forth the statutory grounds for vacating an arbitration award. Under that section, a court may vacate …
