Death of a Litigant
- Oct 11 2024
By: Jonathan H. Freiberger Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG …
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Enforcement News: Don’t Get Spoofed Again
- Oct 9 2024
By: Jeffrey M. Haber “Spoofing is a type of scam in which criminals attempt to obtain someone’s personal information by pretending to be a legitimate business, a neighbor, or some …
Fraud Notes: Fraudulent Inducement and Concealment – Affirmative Misrepresenations, Duplication and Other Issues Relevant to Fraud Claims
- Oct 7 2024
By: Jeffrey M. Haber In today’s Fraud Notes, we examine two cases involving claims of fraudulent inducement and fraudulent concealment. In Board of Mgrs. of 570 Broome Condominium v. …
Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property
- Oct 4 2024
By: Jonathan H. Freiberger Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property.[1] As readers of this BLOG know, a “cause of action …
Who’s The Real Party in Interest Anyway?
- Oct 2 2024
By: Jeffrey M. Haber In Kapitus Servicing, Inc. v. MS Health, Inc., 221 A.D.3d 504, 505 (1st Dept. Nov. 21, 2023) (here), the Appellate Division, First Department addressed the issue …
Pleading Fraud with Particularity, Statute of Limitations and Breach of Contract
- Sep 30 2024
By: Jeffrey M. Haber In Rabinowitz v. Clarke, 2024 N.Y. Slip Op. 04627 ( st Dept. Sept. 26, 2024) (here), the Appellate Division, First Department addressed legal principles and causes of …
Individual Membership Interests In An LLC Does Not Equate to Individual Ownership Interest In Real Property Owned By The LLC For The Purpose of Commencing A Partition Action
- Sep 27 2024
By: Jonathan H. Freiberger Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to …
Just Because the Plaintiff Resides Outside the State Does Not Mean the Plaintiff Cannot Be Compelled to Personally Appear for a Deposition Within State
- Sep 25 2024
By: Jeffrey M. Haber During the Covid pandemic, conducting discovery, especially the taking of depositions, was challenging. Parties and their counsel had to adapt to the global health crisis. One …
Enforcement News: SEC Settles Charges Against Advisory Firm for Overvaluing Assets and Engaging in Unlawful Cross Trades
- Sep 23 2024
By: Jeffrey M. Haber As a general matter, “[a] cross trade is a practice where buy and sell orders for the same asset are offset without recording the trade on …
QUESTIONS OF FACT EXIST AS TO PLAINTIFF’S STANDING TO COMMENCE ACTION WHERE FORM OF COMPANY CHANGED FROM CORPORATION TO LLC
- Sep 20 2024
By: Jonathan H. Freiberger This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation.[1] In prior BLOG articles we have explained that …
