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 …
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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 …
First: Read CPLR 304; Second: Insert Your Own First Step/Begin Your Journey Quote Here: _____________; and, Third: Read this Article.
- Dec 16 2022
By Jonathan H. Freiberger If you are too busy to play along after reading the title of today’s article, it is my pleasure to help you out. FIRST — CPLR …
Forming a Shell Company to Avoid Paying Rent Sufficient to Pierce the Corporate Veil
- Dec 14 2022
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by the entity. Often, plaintiffs will …
Fraud Notes: Scienter, Predictions, Promises of Future Performance, Loss Causation, and the Duty to Disclose
- Dec 12 2022
By: Jeffrey M. Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable …
First Department Finds Mechanic’s Lien is Willfully Exaggerated Under the Lien Law
- Dec 12 2022
By Jonathan H. Freiberger Mechanic’s liens are powerful tools that can be used by contractors, laborers and materialmen, among others, to assist in getting paid for work performed in improving …
Motion to Compel Arbitration Denied Where Party to Agreement Had No Authority to Sign Agreement
- Dec 8 2022
By: Jeffrey M. Haber We have noted previously that the “policy of [the State of New York is] to encourage arbitration.”1 For this reason, “[a]ny doubts as to whether an …
We’ve Moved: Same Building – New Suite
- Dec 6 2022
Freiberger Haber LLP (the “Firm”) is pleased to announce that, effective December 1, 2022, it has moved to larger space in the same building. Our new suite number is shown …
The Importance of Sharing Profits and Losses When Claiming Breach of an Oral Partnership and Pleading Fraud with Particularity
- Dec 5 2022
By: Jeffrey M. Haber A partnership is an association of two or more persons to carry on as co-owners of a business for profit.1 The formation of a partnership requires a …
First Department Finds that Loss of a Personal Journal Results in Adverse Inference Charge Due to Spoliation of Evidence
- Dec 2 2022
By Jonathan H. Freiberger This Blog has previously discussed the discovery process and its relationship to the spoliation of evidence. [See, e.g., [here], [here], [here] and [here].] Briefly stated, and …
