Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
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In a Case of First Impression Amongst New York Appellate Courts, the Appellate Division, Second Department, Determines the Operative Date for Requiring Both Leave of Court and Stipulation of the Parties Before a Claim May be Discontinued Pursuant to CPLR 3217(b) When a Referee is Assigned to “Hear and Report”
- Sep 30 2022
By Jonathan H. Freiberger For any number of reasons, a party asserting a claim or claims in a litigation may decide that it no loner wishes to pursue them. In …
Proof of Default in Residential Mortgage Foreclosures
- Sep 23 2022
By Jonathan H. Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the …
The Importance of Accurate Financial Statements
- Sep 19 2022
Financial statements provide important information about a corporation’s financial health.1 They give insight into the corporation’s operations, cash flow, and overall financial condition.2 Investors and shareholders use financial statements to …
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 …
The Difficulty Distinguishing Between Direct and Derivative Claims Revisited
- Sep 14 2022
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 …
Fraud and The Theater Food Concession
- Sep 12 2022
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 …
Court Declines to Play Along with Defendant’s Game of “Catch Me If You Can”
- Sep 7 2022
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. …
Enforcement News: SEC Amends Whistleblower Program to Incentivize Whistleblowing
- Sep 6 2022
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. …
Supreme Court, Suffolk County, Refuses Lender’s Request to Stay a Foreclosure Action Pending the Court of Appeals’ Decision in Bank of America, N.A. v. Kessler
- Sep 5 2022
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 …
