In today’s article, we examine familiar territory: complaints alleging breach of contract and fraudulent inducement. Kleber v. 10012 Holdings Inc., 2021 N.Y. Slip Op. 30441(U) (Sup. Ct., N.Y. County Feb. …
This BLOG has written extensively on issues related to residential mortgage foreclosure actions. Indeed, earlier this month, in “PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT”, this BLOG provided an overview of the …
“We make premium widgets with the highest quality metals.” Assume for the moment, the widgets are made from alloys that are prone to imperfections. Also assume that the speaker sincerely …
In mid-December 2020, the Securities and Exchange Commission (“SEC” or “Commission”) issued an investor alert (here), warning of “Investment Scam Complaints on the Rise.” In the alert, the SEC urged …
his BLOG has addressed too may issues regarding residential mortgages to mention. [Type “mortgage foreclosure” in the search engine box on our BLOG page to find related articles.] A mortgage …
It is well settled that communications between an attorney and a client for the purpose of obtaining legal advice are privileged and not discoverable unless the privilege is deemed to …
Last month, this Blog examined Shilon v. New Upreal LLC, 2021 N.Y. Slip Op. 30146(U) (Sup. Ct., Kings County Jan. 11, 2021), a case involving a motion by a nonparty …
[EDITOR’S NOTE. On February 18, 2021, the New York Court of Appeals decided Freedom Mortgage Corp. v. Engel, in which it, inter alia, expressly rejected the “pretextual de-acceleration” theory. This …
We have noted previously that the “policy of [the State of New York is] to encourage arbitration.” See Smith Barney Shearson Inc. v. Sacharow, 91 N.Y.2d 39 (1997). For this …
“Boiler room” brokerage firms are investment houses in which a broker uses high-pressure sales tactics to sell speculative and risky securities. A broker using boiler-room tactics provides customers – usually …
