Under New York’s rules of contract interpretation, “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Riverside S. Planning …
Previously, this Blog has written about the difficulties a party encounters when trying to vacate an arbitral award. (E.g., here , here and here.) Indeed, courts are very reluctant to …
There has been a lot of litigation regarding an out of possession landlord’s tort liability to third parties. Generally, an out of possession landlord “is not liable for injuries resulting …
It is well settled that parties are free to contractually shorten a limitations period as long as their intent to do so is clearly stated and the time period is …
To assert a fraud claim, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the …
Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …
Melville, NY (Law Firm Newswire) October 23, 2019 – Freiberger Haber LLP is pleased to announce that co-founding partner, Jeffrey M. Haber, has been named by Super Lawyers magazine to be …
Stenographic services are an important part of any litigation. After all, deposition and trial testimony must be recorded, as they are part of the record. Typically, the attorney noticing the …
Purchasing real estate, a new home for example, is an expensive proposition. It is rare that a new home buyer has enough cash on hand to make the purchase. Therefore, …
Readers of this Blog know that, as a general matter, New York courts will not permit a tort claim to survive a motion to dismiss when the claim arises from …
