Dismissals Under 3215(c)
- Nov 6 2020
CPLR 3215(c), which encourages the prompt entry of default judgments, provides: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the …
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COVID-19 Update: New York Courts Preparing for A Surge in COVID Cases
- Nov 4 2020
Anyone reading the newspapers or watching television knows that in the past few weeks the country has seen a surge in new coronavirus cases. As reported in the news media …
Freiberger Haber’s Co-Founding Partners Recognized By Super Lawyers Magazine
- Nov 2 2020
Melville, NY (Law Firm Newswire) November 2, 2020 – Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by …
Court Rules That A Plaintiff Cannot Reasonably Rely on A Term Sheet That Explicitly Says The Parties Are Not Contractually Bound Until Execution of A Definitive Agreement
- Oct 30 2020
As readers of the Blog know, when it comes to fraud-based actions, we like to write about them. While many of the cases we examine fall into similar patterns, sometimes …
The Duplication of Claims Doctrine Strikes Again
- Oct 28 2020
Readers of this Blog know that, as a general matter, New York courts will not permit a fraud-based claim (i.e., fraudulent inducement) to survive a motion to dismiss when the …
Derivative Litigation, Documentary Evidence and The Lack of Legal Capacity to Sue
- Oct 26 2020
A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a judgment in its favor, by a holder of shares or of voting …
Everything You Wanted To Know About Replevin, But Were Afraid To Ask
- Oct 23 2020
Every now and then, we come across a legal principle that we do not frequently write about. One such principle is replevin. A plaintiff brings an action in replevin to …
Saying One Thing When You Mean Another
- Oct 21 2020
We have noted in prior posts that vacating an arbitration award is very difficult. See, e.g., here and here. There are a number of bases upon which a movant can …
IN LIGHT OF COVID-19, SUFFOLK COUNTY ANNOUNCES NEW PROCEDURES FOR SCHEDULING FORECLOSURE SALES
- Oct 19 2020
In keeping with this BLOG’s efforts to keep abreast of court practices and procedures promulgated to address COVID-19 concerns, practitioners should be aware of new foreclosure sale scheduling rules. By …
REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
