Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
By: Jeffrey Haber Commercial contracts typically include a liquidated damages provision that allows for the payment of a predetermined amount of damages in the event of a breach by one …
By Jonathan H. Freiberger The question of when parties must close title on a real estate transaction is often answered by another question – has either party sent a “time …
By: Jeffrey M. Haber This Blog has previously written about the benefits of forming a corporation or a limited liability corporation and the perils of ignoring the corporate formalities that …
By: Jeffrey M. Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material fact; (2) falsity; (3) scienter; (4) justifiable reliance; and (5) …
By Jonathan H. Freiberger This Blog has previously discussed issues related to whether a binding agreement (a settlement agreement or otherwise) was formed by parties to a dispute. See, e.g., …
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
By: Jeffrey M. Haber In past articles, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Today, we take …
By: Jeffrey M. Haber New York’s Business Corporation Law (“BCL”) § 630(a) provides that “[t]he ten largest shareholders,” of a corporation are “personally liable”, “jointly and severally”, “for all debts, …
By Jonathan H. Freiberger As explained in our Blog entitled: “Get Rid of a Stale Mortgage By Bringing an Action Under RPAPL 1501(4),” mortgage on real property are typically delivered …
