INFORMAL APPEARANCES
- Jul 31 2020
It makes sense that a “plaintiff appears merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, ____ N.Y.S.3d ___, 2020 WL 4342753 (July 29, 2020) (citation and internal …
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Enforcement News: Financial Advisor Charged With Failing to Disclose Millions of Dollars In Fees and Other Benefits to Promote Services to Florida Teachers
- Jul 29 2020
Our country’s teachers are everyday heroes whose hard work and dedication are vital to cultivating our future leaders and ensuring America’s continued strength. Jay Clayton, Chairman, Securities and Exchange Commission. …
Irrationality, Manifest Disregard of The Law and The Contractual Obligation to Arbitrate Disputes
- Jul 27 2020
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 of a judge or …
LOVE THY NEIGHBOR: REVISITED
- Jul 24 2020
In our prior Blog “’Love Thy Neighbor’ Is Not Always the Case,” which should be reviewed in conjunction with the instant Blog, section 881 of New York’s Real Property Actions …
Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
- Jul 22 2020
Over the past several months, this Blog has examined cases in which plaintiffs brought contract claims and fraud claims in the same action (here, here and here). As discussed in …
Enforcement News: SEC Brings Fraud Charges Against Co-Founder of IIG For Role In A $60 Million Ponzi-Like Scheme
- Jul 20 2020
Risk. Every investment decision carries with it some degree of risk. The greater the risk, the greater the reward. Of course, the flip side is also true. The greater the …
Purchasers Should Take Mortgage Contingency Clauses Literally
- Jul 17 2020
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
Emails, Breach of Contract and the Statute of Frauds
- Jul 15 2020
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
Fraud Notes: The Duplication of Claims Doctrine
- Jul 13 2020
It is not uncommon for plaintiffs to assert breach of contract and fraud in the same action. It is also not uncommon for the fraud claim to be dismissed as …
The Appellate Division, Second Department, Addresses Economic Duress and the Voluntary Payment Doctrine
- Jul 10 2020
This Blog has previously addressed “economic duress” and the “voluntary payment doctrine.” [HERE], [HERE] and [HERE] “Economic duress” is a theory upon which a “complaining party [seeks] to void a …
