Successive Notices of Pendency
- Sep 16 2022
By Jonathan H. Freiberger A notice of pendency is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity …
By Jonathan H. Freiberger A notice of pendency is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity …
By: Jeffrey M. Haber It is well-settled that a plaintiff asserting a derivative claim seeks to recover for injury to thebusiness entity. A plaintiff asserting a direct claim seeks redress …
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. As evident from the reported decisions, the justifiable reliance element …
By: Jeffrey M. Haber Sometimes, a plaintiff will find it difficult to serve a defendant with process. There can be many reasons for such difficulties. Avoidance is one such reason. …
By: Jeffrey M. Haber On August 26, 2022, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it adopted two amendments to the rules governing its whistleblower program. …
By Jonathan H. Freiberger Regular readers of this Blog are familiar with Bank of America, N.A. v. Kessler, 202 A.D.3d 10 (2021)(“Kessler”), a case about which we have previously written …
By Jonathan H. Freiberger Section 3025 of the CPLR permits litigants to amend their pleadings. Without leave of court, a party can amend a pleading once, as of right, “within …
By: Jeffrey M. Haber New York “favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties”.1 Under the Federal Arbitration …
By: Jeffrey M. Haber It is common to include a notice provision in commercial contracts and instruments, such as a loan, promissory note or guaranty. Notice provisions identify the party …
By: Jeffrey M. Haber The disclosure of related-party transactions is an important part of a company’s corporate governance and financial statements. It provides transparency as to how the entity’s financial …