ELECTION OF REMEDIES UNDER RPAPL § 1301
- Aug 7 2020
Generally, when a loan is made by a lender that is secured by real property, two of the documents delivered to the Lender by the borrower are a promissory note …
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Unjust Enrichment and the “Battle of the Breaches”
- Aug 5 2020
The elements of a cause of action for breach of contract are: (1) the existence of a contract between plaintiff and defendant; (2) performance by one party; (3) the other …
Concealment of Information Helps Save Complaint From Statute of Limitations Dismissal
- Aug 3 2020
Statutes of limitations limit the duration of a defendant’s liability for all types of alleged wrongdoing. Plaintiffs who do not prosecute their claims within the limitation period will find the …
INFORMAL APPEARANCES
- Jul 31 2020
It makes sense that a “plaintiff appears merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, ____ N.Y.S.3d ___, 2020 WL 4342753 (July 29, 2020) (citation and internal …
Enforcement News: Financial Advisor Charged With Failing to Disclose Millions of Dollars In Fees and Other Benefits to Promote Services to Florida Teachers
- Jul 29 2020
Our country’s teachers are everyday heroes whose hard work and dedication are vital to cultivating our future leaders and ensuring America’s continued strength. Jay Clayton, Chairman, Securities and Exchange Commission. …
Irrationality, Manifest Disregard of The Law and The Contractual Obligation to Arbitrate Disputes
- Jul 27 2020
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
LOVE THY NEIGHBOR: REVISITED
- Jul 24 2020
In our prior Blog “’Love Thy Neighbor’ Is Not Always the Case,” which should be reviewed in conjunction with the instant Blog, section 881 of New York’s Real Property Actions …
Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
- Jul 22 2020
Over the past several months, this Blog has examined cases in which plaintiffs brought contract claims and fraud claims in the same action (here, here and here). As discussed in …
Enforcement News: SEC Brings Fraud Charges Against Co-Founder of IIG For Role In A $60 Million Ponzi-Like Scheme
- Jul 20 2020
Risk. Every investment decision carries with it some degree of risk. The greater the risk, the greater the reward. Of course, the flip side is also true. The greater the …
Purchasers Should Take Mortgage Contingency Clauses Literally
- Jul 17 2020
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
