Giving Two Contract Provisions Their Intended Meaning
- Jan 6 2025
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
Blog
NY1’s Mornings on 1 Interviews Jonathan Freiberger
- Jan 3 2025
Melville, NY January 3, 2025 – On January 3, 2025, Freiberger Haber LLP partner Jonathan H. Freiberger was interviewed by Pat Kiernan, on NY1’s Mornings on 1 news broadcast. Mr. …
Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable
- Dec 29 2024
By: Jeffrey M. Haber The justifiable reliance element has been described as a “fundamental precept”[1] and a “venerable rule”.[2] The requirement is one of the five elements of a fraud cause …
Second Department Dismisses Action for Specific Performance Due to Indefiniteness of Property Description
- Dec 27 2024
By: Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance.[1] …
Claim For Fraudulent Inducement Where The Plaintiff Does Not Seek To Void Or Rescind The Subject Agreement Does Not Negate Contractual Jury Waiver Provision
- Dec 22 2024
By: Jeffrey M. Haber In International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 N.Y. Slip Op. 06425 (1st Dept. Dec. 19, 2024) (here), the Appellate Division, First Department was …
Second Department, Once Again, Dismisses Payment Claim of Unlicensed Electrical Contractor Despite Close Relationship with Licensed Electrical Contractor that Obtained the Permits and Performed the Work
- Dec 20 2024
By: Jonathan H. Freiberger This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. …
Enforcement News: Cherry-Picking Scheme Back In The News
- Dec 18 2024
By: Jeffrey M. Haber Two weeks ago, this Blog wrote about an enforcement action involving an investment adviser’s former co-chief investment officer who had been charged with running a more than …
Award of Attorney’s Fees With No Basis In Contract, Statute Or Court Rule Reversed On Appeal by The Second Department
- Dec 16 2024
By: Jeffrey M. Haber In almost every litigation, the question that clients most often ask is whether they can get back their attorney’s fees. As we have explained in past articles …
The First Department Holds That Completing Surety Under Performance Bond Is Not Entitled to File Mechanic’s Lien
- Dec 13 2024
By: Jonathan H. Freiberger Today’s BLOG article is about Thorobird Grand LLC v. M. Melnick & Co., a case decided by the Appellate Division, First Department, on December 12, 2024, …
Fraudulent Inducement: Exculpatory Clauses, Representations and Warranties, and Justifiable Reliance
- Dec 11 2024
By: Jeffrey M. Haber In today’s article, we revisit some familiar principles concerning claims of fraudulent inducement. We will also examine the impact of a contractual exculpatory clause on the viability …
