Who’s The Real Party in Interest Anyway?
- Oct 2 2024
By: Jeffrey M. Haber In Kapitus Servicing, Inc. v. MS Health, Inc., 221 A.D.3d 504, 505 (1st Dept. Nov. 21, 2023) (here), the Appellate Division, First Department addressed the issue …
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Pleading Fraud with Particularity, Statute of Limitations and Breach of Contract
- Sep 30 2024
By: Jeffrey M. Haber In Rabinowitz v. Clarke, 2024 N.Y. Slip Op. 04627 ( st Dept. Sept. 26, 2024) (here), the Appellate Division, First Department addressed legal principles and causes of …
Individual Membership Interests In An LLC Does Not Equate to Individual Ownership Interest In Real Property Owned By The LLC For The Purpose of Commencing A Partition Action
- Sep 27 2024
By: Jonathan H. Freiberger Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to …
Just Because the Plaintiff Resides Outside the State Does Not Mean the Plaintiff Cannot Be Compelled to Personally Appear for a Deposition Within State
- Sep 25 2024
By: Jeffrey M. Haber During the Covid pandemic, conducting discovery, especially the taking of depositions, was challenging. Parties and their counsel had to adapt to the global health crisis. One …
Enforcement News: SEC Settles Charges Against Advisory Firm for Overvaluing Assets and Engaging in Unlawful Cross Trades
- Sep 23 2024
By: Jeffrey M. Haber As a general matter, “[a] cross trade is a practice where buy and sell orders for the same asset are offset without recording the trade on …
QUESTIONS OF FACT EXIST AS TO PLAINTIFF’S STANDING TO COMMENCE ACTION WHERE FORM OF COMPANY CHANGED FROM CORPORATION TO LLC
- Sep 20 2024
By: Jonathan H. Freiberger This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation.[1] In prior BLOG articles we have explained that …
GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
- Sep 16 2024
By: Jeffrey M. Haber In Murray v. Samsung Elecs. Am., Inc., 2024 N.Y. Slip Op. 51257(U) (Sup. Ct. Monroe County Sept. 12, 2024) (here), the court was asked to consider …
The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions
- Sep 13 2024
By Jonathan H. Freiberger Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain …
Enforcement News: SEC Charges Numerous Companies With Violation of The Whistleblower Protection Rule
- Sep 11 2024
By: Jeffrey M. Haber “Ensuring that potential whistleblowers can communicate directly with the Commission is a critical part of the SEC’s oversight mandate”[1] On numerous occasions, we have written about …
In Pari Delicto … What Does That Mean?
- Sep 9 2024
By: Jeffrey M. Haber In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York …
