Tolling and The Continuing Wrong Doctrine
- Jul 18 2022
By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations. Statutes of limitations restrict …
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Not Another Article on RPAPL 1304
- Jul 15 2022
By Jonathan H. Freiberger I say it all the time and I’m going to say it again, the readers of this Blog know that we frequently discuss numerous aspects of …
Fraud, Group Pleading and Particularity
- Jul 13 2022
By: Jeffrey M. Haber In Yunjie Yang v. Knights Genesis Group, 2022 N.Y. Slip Op. 32126(U) (Sup. Ct., N.Y. County July 6, 2022) (here), the court was asked to consider …
COVID-19, Casualty Loss Clauses, and the Frustration of Purpose Doctrine
- Jul 11 2022
By: Jeffrey M. Haber It has been more than two years since the start of the global pandemic. In the early days of the pandemic, many states imposed emergency measures …
Second Department Addresses the Impact of Bankruptcy Stay Tolling on Statute Of Limitations Calculations in Mortgage Foreclosure Action
- Jul 8 2022
By Jonathan H. Freiberger This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those related specifically to limitations periods (see, e.g., [here], [here], [here], …
When is an Essential Fact Not a Fact at All?
- Jul 6 2022
The question above was recently answered by Justice Francois A. Rivera in Reid v. Service, 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) (here). As discussed …
Enforcement News: SEC, CFTC and DOJ Bring Separate Actions Against Pool Operators In Connection with a Global Cryptocurrency-based Ponzi Scheme that Bilked Investors Out of Millions of Dollars
- Jul 5 2022
By: Jeffrey Haber As we have noted in prior articles, fraudulent schemes come in many forms. One type of fraud that has gained favor among the unscrupulous involves cryptocurrency: in …
Second Department Tolls Seven Years of Mortgage Interest Due to Lender’s “Unexplained Delay” in the Prosecution of its Foreclosure Action
- Jul 1 2022
By Jonathan H. Freiberger In our January 14, 2022, Blog Article entitled: “Don’t Let Undue Delay Cause You to Lose Your Interest in Interest”, we discussed, inter alia, the court’s …
For Various Reasons, Pre- and Post- Contract Misrepresentations Found To Duplicate Breach of Contract Claim
- Jun 29 2022
By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “[a] cause of action for fraud does not arise …
Second Department Affirms Dismissal of Landlord’s Complaint Finding That Tenant Did Not Breach Lease Because Landlord Failed to Timely Obtain All Necessary Approvals for Landlord Build-out
- Jun 27 2022
By Jonathan H. Freiberger Issues relating to contract interpretation are a frequent subject addressed in this Blog. “The fundamental, neutral precept of contract interpretation is that agreements are construed in …
