Publicly Available Information Negates Fraudulent Concealment Claim
- Mar 1 2023
By: Jeffrey M. Haber In 228 W. 72 LLC v. 228A W. 72 LLC, 2023 N.Y. Slip Op. 01057 (1st Dept. Feb. 28, 2023) (here), the Appellate Division, First Department …
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The Importance of Attaching Invoices When Seeking Relief Based Upon Those Invoices
- Feb 27 2023
By: Jeffrey M. Haber The law reporters are brimming with cases in which a plaintiff seeks relief from a defendant for the failure to make a payment that is due …
Second Department Holds that Consolidation Should be Denied Where One Action is the Subject of a Pending Meritorious Motion to Dismiss
- Feb 24 2023
By Jonathan H. Freiberger Many times, multiple actions are pending that involve similar facts and/or legal issues. In such instances it may be appropriate to consolidate those actions pursuant to …
Enforcement News: SEC Charges Former NBA Star With Misleading Crypto Investors
- Feb 22 2023
By: Jeffrey M. Haber Celebrities often use their fame and likeness to promote goods and services. After all, it is a way to make extra money. Sometimes, when securities are …
When An Arbitration Provision Governs, Should a Court Sua Sponte Direct The Parties To Arbitrate? The Second Department Says No
- Feb 21 2023
By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead …
New York Court of Appeals Makes a Significant Ruling on RPAPL 1304
- Feb 17 2023
By Jonathan H. Freiberger Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. See, e.g., [here], [here], [here], [here], …
New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law
- Feb 15 2023
By: Jeffrey M. Haber On February 14, 2023, the New York Court of Appeals decided State of New York v. Vayu, Inc., 2023 N.Y. Slip Op. 00801 (Feb. 14, 2023) …
Scrivener’s Error and Mutual Mistake
- Feb 13 2023
By: Jeffrey M. Haber As readers of this Blog know, to form a contract, the following elements must be present: an offer, acceptance of the offer, consideration, mutual assent (or …
Yellowstone Injunctions Have Nothing to Do With Kevin Costner’s Leases
- Feb 10 2023
By Jonathan H. Freiberger A commercial lease can be a valuable asset for a business. Accordingly, a tenant must be mindful of its rights in the face of a default/cure …
Failure to Consider Theories Raised by Plaintiff in Prior Action Spells Denial of Dismissal of Second Action on Res Judicata Grounds
- Feb 8 2023
By: Jeffrey M. Haber Previously, this Blog has examined the doctrine of res judicata (here and here). Under the doctrine, a party may not litigate a claim where a judgment on the …
