Family Disputes and the Shareholder Derivative Action
- Mar 23 2022
By: Jeffrey M. Haber Family business disputes tend to be ugly, destructive, and protracted. For a case in point, we examine Max v. ALP, Inc., 2022 N.Y. Slip Op. 01969 …
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Enforcement News: SEC Brings Enforcement Action Against Boiler Room Operators
- Mar 21 2022
By: Jeffrey M. Haber “A boiler room is a place or operation—usually a call center—where high-pressure salespeople call lists of potential investors (‘sucker lists’) to peddle speculative, sometimes fraudulent, securities. …
APPELLATE DIVISION, FIRST DEPARTMENT, GRANTS SUMMARY JUDGMENT AS A RESULT OF PARTY’S FAILURE TO PROCURE CONTRACTUALLY REQUIRED GENERAL LIABILITY INSURANCE
- Mar 18 2022
By Jonathan H. Freiberger It is common for contracts to require that one party procure, for its own protection and for the protection of the other party, specific types of …
Fraud Claim Dismissed on Statute of Limitations Due To Inquiry Notice
- Mar 16 2022
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two …
Promise to Provide Products Not Required Under Contract Defeats Claim of Duplication
- Mar 14 2022
By: Jeffrey M. Haber A recurring theme in fraud jurisprudence is the dismissal of fraud claims that duplicate breach of contract claims. As we have noted, a fraud claim will …
Second Department Holds that “Sheltering in Place in a Seasonal Home” During the COVID-19 Pandemic Does Not Create a “Sufficient Degree of Permanence” to Support Parties’ Residency for Venue Purposes
- Mar 11 2022
By Jonathan H. Freiberger In general terms, venue is the place where the trial of an action will take place. Venue issues in New York practice are governed by Article …
COVID-19 and the Doctrines of Frustration of Purpose and Impossibility
- Mar 9 2022
By: Jeffrey M. Haber In April 2021, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here). In particular, we examined …
Fraud Notes: Duplication in Duplicate
- Mar 7 2022
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. As readers of this Blog know, …
The First Department Addresses Reimbursable Fees Awardable Under RPAPL 881
- Mar 4 2022
By Jonathan H. Freiberger As indicated in our previous articles regarding RPAPL 881, Real property owners or lessees (“Owners”) often find that their real property is in need of improvement …
Clarified Arbitration Awards, Arbitrator Bias and Vacatur
- Mar 2 2022
By: Jeffrey M. Haber Arbitration is an alternative dispute resolution mechanism that enables parties to resolve disputes without going to court. Arbitration is similar to a trial without the formalities. …
