Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
- Jan 17 2023
By: Jeffrey M. Haber The statute of frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless …
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Appellate Division, First Department Shows Little Mercy for Litigant that Filed Untimely Summary Judgment Motion
- Jan 13 2023
By Jonathan H. Freiberger As the Court of Appeals has explained it, “[s]ummary judgment permits a party to show, by affidavit or other evidence, that there is no material issue …
The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
Enforcement News: SEC Files Suit in Connection with $45 Million “Too Good To Be True” Scheme to Defraud
- Jan 9 2023
By: Jeffrey M. Haber In promoting a scam, fraud operators expect investors will jump at the opportunity to obtain a life-changing financial reward from their investment, especially if the investment …
Defendants’ In-Person Activities in New York Sufficient to Support the Exercise of Specific Personal Jurisdiction
- Jan 6 2023
By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
Enforcement News: SEC Charges Financial Services Professional and Associate with Perpetrating a Front-Running Scheme
- Dec 28 2022
By: Jeffrey M. Haber “Front-running” involves trading ahead of large, nonpublic orders of market participants to benefit from the market impact of those large orders. Large orders can have an …
The Former DCL Gets Its Day In Court
- Dec 27 2022
By: Jeffrey M. Haber On December 23, 2022, the Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law (“DCL”): Inner Harbor Phase I L.P. …
Second Department Remands For Hearing on Whether Lender Negotiated in Bad Faith During Mandatory CPLR 3408 Foreclosure Settlement Conference
- Dec 23 2022
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
The Duplication Doctrine and Justifiable Reliance
- Dec 21 2022
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
Justifiable Reliance Negated by the Terms of the Contract Executed by The Allegedly Defrauded Party
- Dec 19 2022
By: Jeffrey M. Haber As readers of this Blog know, we have often written about the justifiable reliance element of a fraud claim. Considered by the courts to be nettlesome,1 …
