Failure to Demonstrate Mailing of Invoice Dooms Account Stated Claim
- Jun 22 2022
By: Jeffrey M. Haber It has been more than two years since this Blog has written about the account stated cause of action (here). On June 21, 2022, the Appellate …
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Court of Appeals Holds that the Saving Provision of CPLR 205(a) Only Applies Where the Second Action is Brought by the Same Plaintiff or an Estate Representative of the Original Plaintiff as the First Action
- Jun 21 2022
By Jonathan H. Freiberger When an action is timely commenced but gets dismissed, CPLR 205(a) may permit a plaintiff to commence a new action within six months of the dismissal …
COVID-19 and The Doctrines of Frustration of Purpose and Impossibility — Revisited
- Jun 17 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here and here). The doctrine of frustration …
Negotiations and Numerous In-Person Meetings in New York Held Sufficient to Exercise Personal Jurisdiction
- Jun 15 2022
By: Jeffrey M. Haber Obtaining jurisdiction over a corporation that is incorporated and headquartered outside of the state can be difficult. A plaintiff must plead and prove that the corporation …
Arbitration Decided By Dispositive Motion Held Not To Violate CPLR 7511(b)
- Jun 13 2022
By: Jeffrey M. Haber Litigation can be lengthy, costly and potentially damaging to the financial viability of a business and the financial security of an individual. Often, the parties can …
Whose Law Applies Anyway?
- Jun 8 2022
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
Facts Learned From Deposition Insufficient to Support Motion to Renew
- Jun 6 2022
By: Jeffrey M. Haber It goes without saying that lawyers do not win every motion they make. When that happens, a lawyer can appeal the order or avail himself/herself of …
Enforcement News: SEC Settles Charges Against Minneapolis Broker-Dealer for Improper Switching or Replacing of Variable Annuities
- Jun 3 2022
By: Jeffrey M. Haber Variable annuities are complex securities pursuant to which customers, typically seniors and vulnerable adults, enter into long-term contracts with an issuing company, such as a life …
First Department Underscores the Duty to Update the Contact Information of the Agent for Service of Process
- Jun 1 2022
By: Jeffrey Haber Under New York’s Business Corporation Law (“BCL”), the Secretary of State is designated as the “agent of every domestic corporation and every authorized foreign corporation upon whom …
Enforcement News: Hedge Fund Manager Charged With Making False and Misleading Statements Resulting in Over $39 Million in Investor Damages
- May 31 2022
By: Jeffrey M. Haber Trust. Trust is an important part of investing. Studies show that trust has a significant impact on investor decision making, such as investing with a hedge …
