BCL § 626(c): Demand Futility
- Jan 24 2022
By: Jeffrey M. Haber Derivative actions are often brought by shareholders of a corporation (or limited liability company) to vindicate the entity’s rights.1 Although shareholders are given the right to …
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Answering Certified Questions From the Second Circuit, NY Court Of Appeals Holds That A Judgment Debtor’s Sole Remedies Against A Judgment Creditor Whose Collection Efforts Violate Article 52 of the CPLR Are Found Within Article 52 – Tort Remedies Are Unavailable
- Jan 21 2022
By Jonathan H. Freiberger Article 52 of the CPLR addresses the enforcement of money judgments. In the most simplistic terms, Article 52 addresses the property of a judgment debtor that …
Enforcement News: Enforcement News – SEC Awards Over $14 million to Whistleblowers to Start 2022
- Jan 18 2022
By: Jeffrey M. Haber The new year is days old, but that has not stopped the Securities and Exchange Commission (“SEC” or “Commission”) from awarding whistleblowers money under the Commission’s …
Don’t Let Undue Delay Cause You to Lose Your Interest in Interest
- Jan 14 2022
By Jonathan H. Freiberger A significant part of a mortgage foreclosure action is the calculation of the sums due and owing to the lender. The task of computing the amount …
Fraud Notes: Fraudulent Inducement With Duplication on Top
- Jan 12 2022
By: Jeffrey M. Haber Yesterday, the Appellate Division, First Department decided three cases involving claims for fraudulent inducement. We examine each of these cases below. Artemus USA LLC v. Leila Taghinia-Milani …
Update: Broad Releases and The Duplication Doctrine
- Jan 10 2022
By: Jeffrey M. Haber Last April, this Blog wrote about Sodhi v. IAC/InterActiveCorp, 2021 N.Y. Slip Op. 31220(U) (Sup. Ct., N.Y. County Apr. 8, 2021) (here), an action to recover money …
The Second Department Decided an Issue Under CPLR 3215(c) Addressed by it For the First Time
- Jan 7 2022
By Jonathan H. Freiberger On January 5, 2022, the Second Department decided Citibank, N.A. v. Kerszko. The appeal in Citibank raised numerous “interesting and unusual issues,” but the focus of …
More RPAPL 1304 Cases
- Jan 3 2022
By Jonathan H. Freiberger This Blog’s December 17, 2021, article entitled: “Second Department Holds that Envelopes Containing Pre-Foreclosure Notices to Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices …
Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment Rule
- Dec 29 2021
By: Jeffrey M. Haber To allege a cause of action based on fraud, plaintiffs must assert “a misrepresentation or a material omission of fact which was false and known to …
