Fraud Claim Held Not Duplicative of a Single Page Contract
- Jan 14 2024
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of …
Blog
First Department Grants Extension of Time to Serve Summons and Complaint on a Mechanic’s Lien Discharge Bond Surety Under CPLR 306
- Jan 12 2024
By Jonathan H. Freiberger Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE], [HERE] and [HERE]. The …
The Special Facts Doctrine and Loss Causation
- Jan 10 2024
By: Jeffrey M. Haber In many of the fraud cases that we examine, the plaintiff alleges that the defendant made an affirmative misrepresentation of fact upon which he/she relied. As we …
The Fiduciary Duty of Candor, Fraudulent Inducement and No-Reliance Clauses
- Jan 7 2024
By: Jeffrey M. Haber It is often said that a fiduciary owes the duties of care, loyalty and candor to the person with whom the fiduciary has a relationship. The …
Enforcement News: Two Sets of Books, Concealment and Accounting Fraud
- Jan 2 2024
By: Jeffrey M. Haber Invoice fraud is a type of accounting fraud. Invoice fraud comes in many forms. For example, bill padding is a type of invoice fraud. In this type …
Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too Indefinite To Enforce
- Dec 29 2023
By Jonathan H. Freiberger This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding …
Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of Complaint
- Dec 27 2023
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, here, and here). CPLR § 3213 is a procedural …
Failure to Plead Fraud with Particularity, A “Single Shot Transaction” and the Lemon Law
- Dec 24 2023
By: Jeffrey M. Haber In today’s article, we examine Eva Chen Fine Jewelry, Inc. v. Recovery Racing IX, LLC, 2023 N.Y. Slip Op. 06511 (2d Dept. Dec. 20, 2023) (here), …
Appellate Division, First Department, Holds That The Foreclosure Abuse Prevention Act Is To Be Applied Retroactively
- Dec 22 2023
By Jonathan H. Freiberger This BLOG has written numerous times on statutes of limitation issues in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here] and [here]. Briefly …
Breach of Contract, Statute of Limitations and the Continuing Wrong Doctrine
- Dec 20 2023
By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations. Statutes of limitations restrict the time …
