Contracts that Say What They Mean, Mean What They Say
- Nov 1 2021
By: Jeffrey M. Haber In New York, contracts are to be construed in accordance with the parties’ intent.1 “The best evidence of what parties to a written agreement intend is …
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First Department Holds Buyer is not Entitled to the Return of her Down Payment on Real Estate Contract Because the Written Agreements Establish a Defense “Founded Upon Documentary Evidence” Pursuant to CPLR 3211(a)(1)
- Oct 29 2021
By Jonathan H. Freiberger Defaults by a party to a real estate contract, whether a purchaser or a seller, are a fruitful source of litigation. Among other remedies available to …
Enforcement News: Twitter and The Pump and Dump Scheme
- Oct 27 2021
By: Jeffrey M. Haber People use social media, and the Internet in general, for all sorts of reasons. Investors are no different. Investors use social media to research stocks, look up …
Confessions of Judgment By Out-Of-State Residents, Summary Judgment In Lieu of Complaint and Forum Selection Clauses: A Little of This and A Little of That
- Oct 25 2021
By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually …
Follow-up: Freedom Mortgage Corp. v. Engel
- Oct 22 2021
By Jonathan H. Freiberger In its February 20, 2021, article entitled: “The New York Court of Appeals Decides Four Cases, In One Opinion, Addressing and Clarifying Issues Related to the …
Enforcement News: The SEC Giveth and The SEC Taketh Away
- Oct 20 2021
By: Jeffrey M. Haber The SEC Giveth In our last article (posted on September 17, 2021 (here)) discussing the SEC’s whistleblower program, we noted that the Commission has paid more than …
New York Court of Appeals Holds That Registering to Do Business Does Not Confer General Jurisdiction Over a Foreign Corporation
- Oct 18 2021
By Jeffrey M. Haber In Aybar v. Aybar, 2021 N.Y. Slip Op. 05393 (Oct. 7, 2021) (here), the New York Court of Appeals was asked to determine whether a foreign …
Freiberger Haber’s Co-Founding Partners Once Again Recognized By Super Lawyers Magazine
- Oct 18 2021
Melville, NY (Law Firm Newswire) October 15, 2021 – Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by Super …
The First Department Reiterates the “Strict Nature” of “Notice -to-Cure” Provisions in Construction Contracts
- Oct 13 2021
By Jonathan H. Freiberger Many contracts contain provisions requiring that in the event of a default, one party must provide to the other notice of the purported default and an …
First Department Holds Letter Agreement with Releases, Disclaimers and Waivers of Information Bars Fraud-Based Claims
- Oct 6 2021
By: Jeffrey M. Haber In prior articles, we discussed the impact a disclaimer clause in a contract can have on a fraud claim. See, e,g., here. Namely, a disclaimer clause can …
