By Jonathan H. Freiberger Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific …
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege and the attorney work product doctrine.1 Today, we take another opportunity to explore the contours of …
By: Jeffrey M. Haber “The right to a trial by jury is governed by article I (§ 2) of the New York State Constitution,” which provides “that a ‘[t]rial by …
By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability. [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber …
By: Jeffrey M. Haber Defamation is broadly defined as any false statement that harms the reputation of a person, business, or organization. It is a false statement “‘that tends to …
By: Jeffrey M. Haber The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of …
By Jonathan H. Freiberger As discussed in a prior blog article [here], a notice of pendency (or lis pendens) is a provisional remedy governed by Article 65 of the CPLR. …
By: Jeffrey M. Haber In Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 N.Y. Slip Op. 50755(U) (Sup. Ct., N.Y. County July 21, 2023) (here), plaintiff, Merchant Factors …
By: Jeffrey M. Haber In the merger and acquisition world it is common to form a special purpose acquisition company (“SPAC”). A SPAC is a company with no underlying business …
By Jonathan H. Freiberger In most situations, the contemplated goal of a mortgage foreclosure action is the sale of the subject property at public auction pursuant to a judgment of …
