Setting Aside a Judicial Sale
- Jan 27 2023
By Jonathan H. Freiberger Regular readers of this Blog know that we spend a good deal of time writing about mortgage foreclosure. The anticipated conclusion of a mortgage foreclosure action …
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“Wayward and Unruly Agent” Found To Forfeit All Compensation Under The Faithless Servant Doctrine
- Jan 25 2023
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
Omission Case Dismissed Because Defendants Had No Duty to Disclose
- Jan 23 2023
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
Enforcement News: The Intersection of Affinity Fraud and a Ponzi Scheme
- Jan 18 2023
By: Jeffrey M. Haber In prior articles we have examined Ponzi Schemes and affinity fraud. E.g., here. We do so again today. Affinity fraud occurs when the promoter of the fraud …
Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
- Jan 17 2023
By: Jeffrey M. Haber The statute of frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless …
Appellate Division, First Department Shows Little Mercy for Litigant that Filed Untimely Summary Judgment Motion
- Jan 13 2023
By Jonathan H. Freiberger As the Court of Appeals has explained it, “[s]ummary judgment permits a party to show, by affidavit or other evidence, that there is no material issue …
The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
Enforcement News: SEC Files Suit in Connection with $45 Million “Too Good To Be True” Scheme to Defraud
- Jan 9 2023
By: Jeffrey M. Haber In promoting a scam, fraud operators expect investors will jump at the opportunity to obtain a life-changing financial reward from their investment, especially if the investment …
Defendants’ In-Person Activities in New York Sufficient to Support the Exercise of Specific Personal Jurisdiction
- Jan 6 2023
By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
Enforcement News: SEC Charges Financial Services Professional and Associate with Perpetrating a Front-Running Scheme
- Dec 28 2022
By: Jeffrey M. Haber “Front-running” involves trading ahead of large, nonpublic orders of market participants to benefit from the market impact of those large orders. Large orders can have an …
