Court of Appeals Held that “Good Guy Guarantor” Finished First
- Oct 24 2025
By: Jonathan H. Freiberger Today’s article addresses 1995 Cam LLC v. West Side Advisors, LLC, a case decided on October 21, 2025, by the New York Court of Appeals. In …
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Court Finds Settlement Offer Memorialized and Subscribed in Email Sufficient to Constitute an Enforceable Agreement
- Oct 22 2025
By: Jeffrey M. Haber In Kellinger v. Fox Media LLC, 2025 N.Y. Slip Op. 33835(U) (Sup. Ct., N.Y. County Oct. 8, 2025) (here), the New York Supreme Court granted a motion …
Failure To Exercise Reasonable Diligence in Real Estate Transaction Undermines Allegation of Justifiable Reliance
- Oct 20 2025
By: Jeffrey M. Haber As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was …
CPLR 2004 Extensions, the 90-Day Foreclosure Sale Rule and the Tolling of Interest Accruals
- Oct 17 2025
By: Jonathan H. Freiberger Today’s article addresses M & T Bank v. Givens, a case decided on October 15, 2025, by the Appellate Division, Second Department. Givens addresses three issues …
Court Compels Production of Joint Defense Agreement As Not Protected By Privilege
- Oct 15 2025
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege, the common interest doctrine, and the attorney work product doctrine.[1] Today, we take another opportunity to …
In an Apparent Case of First Impression, First Department Holds That a Board of Directors Cannot Be Sued as a Collective Entity
- Oct 13 2025
By: Jeffrey M. Haber Today, we consider Tahari v. 860 Fifth Ave. Corp., 2025 N.Y. Slip Op. 05584 (1st Dept. Oct. 9, 2025) (here), an apparent case of first impression in …
Fraud Notes: Alleging a Misrepresentation and Duplicative Damages
- Oct 10 2025
By: Jeffrey M. Haber In today’s Fraud Notes, we examine two cases involving principles familiar to readers of this Blog: the duplication doctrine and the requirement that plaintiffs plead sufficient facts …
Participation in Arbitration Despite Earlier Litigation Waives Right To Contest Arbitration Award
- Oct 8 2025
By: Jeffrey M. Haber As we have noted in prior articles, New York has a “long and strong public policy favoring arbitration”.[1] Indeed, New York “favors and encourages arbitration as a …
Enforcement News: Company That Purchases Distressed Retail Companies Charged With Conducting Fraudulent Securities Offerings, Misusing Investor Funds, and Making Ponzi-Like Payments to Investors
- Oct 5 2025
By: Jeffrey M. Haber On September 25, 2025, the Securities and Exchange Commission (“SEC”) announced (here) that it charged the co-founders of Retail Ecommerce Ventures LLC (“REV”), and REV’s Chief …
Fraud in the Execution and The Two-Year Discovery Rule
- Oct 3 2025
By: Jeffrey M. Haber As readers of this Blog know, we have written about many types of fraud over the years, such as affinity fraud, common law fraud, fraud in the …
