We’ve Moved: Same Building – New Suite
- Dec 6 2022
Freiberger Haber LLP (the “Firm”) is pleased to announce that, effective December 1, 2022, it has moved to larger space in the same building. Our new suite number is shown …
Blog
Read More
The Importance of Sharing Profits and Losses When Claiming Breach of an Oral Partnership and Pleading Fraud with Particularity
- Dec 5 2022
By: Jeffrey M. Haber A partnership is an association of two or more persons to carry on as co-owners of a business for profit.1 The formation of a partnership requires a …
First Department Finds that Loss of a Personal Journal Results in Adverse Inference Charge Due to Spoliation of Evidence
- Dec 2 2022
By Jonathan H. Freiberger This Blog has previously discussed the discovery process and its relationship to the spoliation of evidence. [See, e.g., [here], [here], [here] and [here].] Briefly stated, and …
Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
- Nov 30 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. For this reason, the justifiable reliance element is most often …
Oral Agreements and Contract Formation
- Nov 28 2022
By: Jeffrey M. Haber It should go without saying that a plaintiff claiming breach of contract should demonstrate that the parties formed a contract that has been breached. In fact, …
Reliance on Counsel Found to Waive Attorney-Client Privilege
- Nov 23 2022
By: Jeffrey M. Haber “The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal …
Enforcement News: Penny Stocks and the Importance of Registering as a Broker
- Nov 21 2022
By: Jeffrey M. Haber As a general matter, a “broker” must register with the SEC in order to transact business on behalf of another person. It is, therefore, unlawful for …
SECOND DEPARTMENT CALCULATES DEFICIENCY JUDGMENT IN MORTGAGE FORECLOSURE ACTION
- Nov 18 2022
By Jonathan H. Freiberger Much has been written in this Blog about mortgage foreclosure actions. In this Blog’s prior article: “Second Department Addresses Issues Regarding Proof of Value of Foreclosed …
Contractual Indemnification: Cohen v. Trump Organization LLC
- Nov 16 2022
By: Jeffrey M. Haber As a general matter, indemnity is defined to encompass a duty to make good on any loss, damage, or liability incurred by another. Therefore, when a …
First Department Holds That Scaffolding and Sidewalk Shed Installed For Construction Project Could Not Support Mechanic’s Lien Because They Were Not “Permanent Improvements”
- Nov 14 2022
By Jonathan H. Freiberger This Blog, in “The New York Court of Appeals Addresses the Issue of When a Mechanic’s Lien Can Be Placed on a Landlord’s Property By A …
