Notices of Pendency
- Jul 28 2023
By Jonathan H. Freiberger As discussed in a prior blog article [here], a notice of pendency (or lis pendens) is a provisional remedy governed by Article 65 of the CPLR. …
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Factoring, Commercial Financing Services and Claims That Range from Replevin to Fraud
- Jul 26 2023
By: Jeffrey M. Haber In Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 N.Y. Slip Op. 50755(U) (Sup. Ct., N.Y. County July 21, 2023) (here), plaintiff, Merchant Factors …
Enforcement News: SPAC, Digital World Acquisition Corporation, Settles Charges With The SEC In Connection With IPO And Proposed Merger
- Jul 24 2023
By: Jeffrey M. Haber In the merger and acquisition world it is common to form a special purpose acquisition company (“SPAC”). A SPAC is a company with no underlying business …
“All Foreclosure Sales Not Final”
- Jul 21 2023
By Jonathan H. Freiberger In most situations, the contemplated goal of a mortgage foreclosure action is the sale of the subject property at public auction pursuant to a judgment of …
The Presumption That Papers and Pleading Filed in Court are Public and The Circumstances in Which They May Be Sealed or Redacted
- Jul 19 2023
By: Jeffrey M. Haber Most litigants think that financial documents, such as tax returns, are confidential. The same is true with regard to trade secrets and other proprietary business information. …
Fraud in Connection with the EB-5 Immigrant Investment Program
- Jul 16 2023
By: Jeffrey M. Haber In 1990, Congress created the EB-5 Immigrant Investor Visa Program (“EB-5 Program”) to stimulate the U.S. economy through job creation and capital investment by foreign investors. …
To Settle an Order or Not to Settle an Order, That is the Question
- Jul 14 2023
By Jonathan H. Freiberger On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite …
Recognition of Foreign Country Judgments and Summary Judgment in Lieu of Complaint
- Jul 12 2023
By: Jeffrey M. Haber Under New York law, there are two methods by which a person can domesticate a foreign judgment – i.e., a judgment obtained outside the State of …
Fraudulent Concealment and the Caveat Emptor Doctrine
- Jul 10 2023
By: Jeffrey M. Haber On October 8, 1971, ABC aired an episode of The Brady Bunch, titled “The Wheeler-Dealer”. In the episode, Greg gets his driver’s license and wants to …
Can You Limit Liability for Your Own Negligence in a Contract
- Jul 7 2023
By Jonathan H. Freiberger Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”. “In the …
