SPOLIATION OF EVIDENCE
- Oct 7 2022
By Jonathan H. Freiberger Section 3101 of the CPLR provides that, in general, “there should be full disclosure of all matter material and necessary in the prosecution or defense of …
Blog
Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
In a Case of First Impression Amongst New York Appellate Courts, the Appellate Division, Second Department, Determines the Operative Date for Requiring Both Leave of Court and Stipulation of the Parties Before a Claim May be Discontinued Pursuant to CPLR 3217(b) When a Referee is Assigned to “Hear and Report”
- Sep 30 2022
By Jonathan H. Freiberger For any number of reasons, a party asserting a claim or claims in a litigation may decide that it no loner wishes to pursue them. In …
Proof of Default in Residential Mortgage Foreclosures
- Sep 23 2022
By Jonathan H. Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the …
The Importance of Accurate Financial Statements
- Sep 19 2022
Financial statements provide important information about a corporation’s financial health.1 They give insight into the corporation’s operations, cash flow, and overall financial condition.2 Investors and shareholders use financial statements to …
Successive Notices of Pendency
- Sep 16 2022
By Jonathan H. Freiberger A notice of pendency is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity …
The Difficulty Distinguishing Between Direct and Derivative Claims Revisited
- Sep 14 2022
By: Jeffrey M. Haber It is well-settled that a plaintiff asserting a derivative claim seeks to recover for injury to thebusiness entity. A plaintiff asserting a direct claim seeks redress …
Fraud and The Theater Food Concession
- Sep 12 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. As evident from the reported decisions, the justifiable reliance element …
Court Declines to Play Along with Defendant’s Game of “Catch Me If You Can”
- Sep 7 2022
By: Jeffrey M. Haber Sometimes, a plaintiff will find it difficult to serve a defendant with process. There can be many reasons for such difficulties. Avoidance is one such reason. …
Enforcement News: SEC Amends Whistleblower Program to Incentivize Whistleblowing
- Sep 6 2022
By: Jeffrey M. Haber On August 26, 2022, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it adopted two amendments to the rules governing its whistleblower program. …
