Fraud in the Execution
- Apr 25 2022
By: Jeffrey M. Haber Since inception of this Blog, we have written about many types of fraud, such as affinity fraud, common law fraud, fraud in the inducement, fraudulent concealment, and …
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Second Department Decides an Issue of “First Appellate Impression” Related to the Sufficiency of an RPAPL 1304 Notice in a Residential Mortgage Foreclosure Action
- Apr 22 2022
By Jonathan H. Freiberger The readers of this Blog know that we frequently discuss numerous aspects of residential mortgage litigation. See, e.g., [here] and the articles linked therein. A related …
Settlement Agreement With Installment Payment Plan Held to Be An Instrument For The Payment of Money Only
- Apr 20 2022
By: Jeffrey M. Haber Under well-settled principles, summary judgment in lieu of complaint is available for an instrument for the payment of money only. In considering such a motion, the …
Enforcement News: SEC Brings Emergency Action Against Alleged Perpetrators of an Affinity Fraud and a Ponzi Scheme
- Apr 19 2022
By: Jeffrey M. Haber Affinity fraud is a type of securities fraud in which the promoter of the fraud preys upon members of an identifiable group, such as a religious …
First Department Rules on the Applicability of Personal Guaranties in the Context of a Residential Lease
- Apr 15 2022
By Jonathan H. Freiberger Personal guaranties are contracts of suretyship pursuant to which “one party as surety binds himself to the second party as creditor to pay a debt contracted …
Federal Preemption: The FAA Trumps GBL 399-c’s Prohibition of Mandatory Arbitration Agreements
- Apr 13 2022
By: Jeffrey M. Haber Mandatory arbitration has been around for a long time. It is a mechanism used by, among others, businesses to require consumers to arbitrate their disputes rather …
A Fraud That is Collateral to The Contract and Not Barred By The Merger Clause
- Apr 11 2022
By: Jeffrey M. Haber Over the years, this Blog has examined numerous cases (indeed, too many to link to) in which the plaintiff claims to have been fraudulently induced to …
Second Department Decides Two Cases Under RPAPL 1301
- Apr 8 2022
By Jonathan H. Freiberger As noted in several of this Blog’s previous articles [here], [here] and [here], when an individual or entity borrows money from a lender, the repayment obligation …
Summary Judgment In Lieu Of Complaint: When Is an Instrument for The Payment of Money Only an Instrument for The Payment Of Money Only?
- Apr 6 2022
By: Jeffrey M. Haber In prior articles, we examined the motion for summary judgment in lieu of complaint under CPLR § 3213. See, e.g., here and here. As explained below, …
Enforcement News: With Friends Like These …
- Apr 4 2022
By: Jeffrey M. Haber The Securities and Exchange Commission (“SEC”) has frequently brought enforcement actions against those who trade upon material, non-public information. Many of these actions show that insider trading …
