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Contract Ambiguity Defeats Dismissal of Declaratory Judgment Claim
In Alphasense, Inc. v. Financial Tech. Partners LP, 2026 N.Y. Slip Op. 00185 (1st Dept. Jan. 15, 2026), the Appellate Division, First Department, considered whether Plaintiffs validly terminated an advisory agreement with Defendants under a “Key Man” provision.

Jeffrey Haber
Jan 199 min read


Appellate Division, Third Department, Issues Monetary Sanctions against Attorney for Misuse of GenAI in the “First Appellate Level Case In New York” To Do So
Artificial Intelligence (“AI”) and Generative Artificial Intelligence (“GenAI”) are all the rage these days.

Jonathan Freiberger
Jan 165 min read


Res Judicata: Whether a Nonparty to a Prior Action is In Privity with The Prior Action
In Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 N.Y. Slip Op. 00080 (1st Dept. Jan. 13, 2026), the Appellate Division, First Department, affirmed the dismissal of a complaint under CPLR 3211(a)(5) based on res judicata.

Jeffrey Haber
Jan 148 min read


Court Affirms Reformation of a Settlement Agreement Based on Clear and Convincing Evidence of Mutual Mistake
In Romano v. Kelly, the Appellate Division, Third Department, affirmed reformation of a settlement agreement based on clear and convincing evidence of mutual mistake.

Jeffrey Haber
Jan 129 min read


Court Denies Motion for Summary Judgment in Lieu of Complaint Because Note and Related Asset Purchase Agreement Were “Inextricably intertwined”
By: Jonathan H. Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served with such motion papers shall require the defendant to submit answering

Jonathan Freiberger
Jan 95 min read


Enforcement News: Former Chief Operating Officer and Former Managing Partner Charged with Participating in An Alleged $300 Million Ponzi Scheme
By: Jeffrey M. Haber This Blog has written about Ponzi schemes on numerous occasions. A Ponzi scheme is a type of investment fraud where returns to earlier investors are paid using investment capital from new or existing investors, rather than from legitimate profits earned through the enterprise’s business activities. Ponzi schemes persist by exploiting trust, promising high returns with little risk, and using money from new or existing investors to pay “profits” to earlie

Jeffrey Haber
Jan 75 min read


Court Rejects Plaintiff’s Attempt to Void Release Based on Fraud
“[A] release that, by its terms, extinguishes liability on any and all claims arising in connection with specified matters is deemed to encompass claims of fraud relating to those matters, even if the release does not specifically refer to fraud and was not granted in settlement of an actually asserted fraud claim.

Jeffrey Haber
Jan 59 min read


The Second Department Holds, as a matter of First Impression, that a Party’s Attendance at a Mandatory Settlement Conference Pursuant to CPLR 3408 Does Not Constitute an Appearance for Purposes of ...
This BLOG has previously addressed the issue of a defendant’s appearance in an action – both formal and informal.

Jonathan Freiberger
Jan 25 min read


Summary Judgment Sought Even Though Summary Judgment in Lieu of Complaint at Plaintiff’s Disposal
New York’s CPLR 3213 allows a plaintiff to seek summary judgment in lieu of a complaint when liability for a sum certain is evident from an instrument for the payment of money only, such as a promissory note or unconditional guaranty. This expedited procedure avoids delays inherent in filing and answering a complaint.

Jeffrey Haber
Dec 31, 20256 min read
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