Consequential Damages: Are They Foreseeable?
- Aug 27 2025
By: Jeffrey M. Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC …
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Conflicts of Interest and No-Action Clauses
- Aug 25 2025
By: Jeffrey M. Haber In Finkelstein v. U.S. Bank, N.A., 2025 N.Y. Slip Op 32882(U) (Sup. Ct., July 30, 2025) (here), plaintiff alleged that he was underpaid on his investment in …
Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with RPAPL 1304
- Aug 22 2025
By: Jonathan H. Freiberger This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure.[1] While we have not written about RPAPL 1304 in …
When a Filing is Not a Filing
- Aug 20 2025
By: Jeffrey M. Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. …
Plaintiff’s Allegations and Records Show Its Claim Was Time Barred
- Aug 18 2025
By: Jeffrey M. Haber In Southgate Owners Corp. v. Esposito, 2025 N.Y. Slip Op. 32750(U) (Sup. Ct., N.Y. County July 24, 2025) (here), plaintiff sued defendant, a shareholder in its cooperative …
Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)
- Aug 15 2025
By: Jonathan H. Freiberger Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most …
Fraud Notes: The Discovery Rule for Fraud and The Failure to Articulate a False Statement
- Aug 13 2025
By: Jeffrey M. Haber In today’s fraud notes, we examine two cases: K.M. v. Ursuline School of New Rochelle, 2025 N.Y. Slip Op. 04643 (2d Dept. Aug. 13, 2025) (here), and …
Enforcement News: SEC Charges Wisconsin Resident and The LLCs That He Owns and Controls with Perpetrating a Real Estate Affinity Fraud
- Aug 11 2025
By: Jeffrey M. Haber On August 1, 2025, the Securities and Exchange Commission (“SEC”) announced (here) that it charged a Wisconsin resident and three limited liability companies that he owns and …
The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and Domesticate a Foreign Judgment Entitled to Full Faith and Credit
- Aug 8 2025
By: Jonathan H. Freiberger In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1]Simply stated, armed with …
Enforcement News: The Custody Rule
- Aug 6 2025
By: Jeffrey M. Haber The Custody Rule provides that “it is a fraudulent, deceptive, or manipulative act, practice or course of business within the meaning of section 206(4) of the …
