
CPLR 1015(a) and the Death of a Party
- Sep 29 2021
By: Jeffrey M. Haber Litigation can be a long and drawn-out process. Indeed, it is not uncommon for lawsuits to go on for years before they reach their conclusion. Sometimes during …
By: Jeffrey M. Haber Litigation can be a long and drawn-out process. Indeed, it is not uncommon for lawsuits to go on for years before they reach their conclusion. Sometimes during …
By: Jeffrey M. Haber Default judgments are a part of litigation. In New York, a default judgment may be entered “[w]hen a defendant has failed to appear, plead or proceed to …
By Jonathan H. Freiberger This Blog frequently analyzes residential mortgage foreclosure issues. See, e.g., [here] and the articles hyperlinked therein. As relates specifically to today’s article, we have frequently focused …
By Jonathan H. Freiberger Mortgages are commonly delivered to lenders as security for the repayment of financial obligations, which, in many cases, are evidenced by promissory notes. If borrower defaults, …
By: Jeffrey M. Haber On September 15, 2021, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it paid approximately $110 million and $4 million to two whistleblowers …
By: Jeffrey M. Haber This Blog has written numerous articles about Ponzi schemes and the enforcement proceedings that resulted from them. See, e.g., here, here, here and here. In a Ponzi scheme, the operator creates an investment program …
By Jonathan H. Freiberger The New York City Council promulgated rules to, inter alia, protect consumers from debt collection agencies (see Title 20, Chapter 2, Subchapter 30 of the New …
By Jeffrey M. Haber Generally, whether a claim is subject to arbitration is a decision for the court, not the arbitrator.1 Notwithstanding, the U.S. Supreme Court has held that “parties …
By Jeffrey M. Haber To state a claim for fraud, a plaintiff must satisfy each element of the claim; namely, “a material misrepresentation of fact, knowledge of its falsity, an …
By Jonathan H. Freiberger Last week this Blog examined WFE Ventures, Inc. v. GBD Lake Placid, LLC, decided on August 12, 2021, by the Appellate Division, Third Department, which addressed …