When is an Essential Fact Not a Fact at All?
- Jul 6 2022
The question above was recently answered by Justice Francois A. Rivera in Reid v. Service, 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) (here). As discussed …
The question above was recently answered by Justice Francois A. Rivera in Reid v. Service, 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) (here). As discussed …
By: Jeffrey Haber As we have noted in prior articles, fraudulent schemes come in many forms. One type of fraud that has gained favor among the unscrupulous involves cryptocurrency: in …
By Jonathan H. Freiberger In our January 14, 2022, Blog Article entitled: “Don’t Let Undue Delay Cause You to Lose Your Interest in Interest”, we discussed, inter alia, the court’s …
By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “[a] cause of action for fraud does not arise …
By Jonathan H. Freiberger Issues relating to contract interpretation are a frequent subject addressed in this Blog. “The fundamental, neutral precept of contract interpretation is that agreements are construed in …
By: Jeffrey M. Haber On June 5, 2019, the Securities and Exchange Commission (“SEC” or the “Commission”) adopted “Regulation Best Interest” or “Reg BI”.1 In connection with adoption of the …
By: Jeffrey M. Haber It has been more than two years since this Blog has written about the account stated cause of action (here). On June 21, 2022, the Appellate …
By Jonathan H. Freiberger When an action is timely commenced but gets dismissed, CPLR 205(a) may permit a plaintiff to commence a new action within six months of the dismissal …
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here and here). The doctrine of frustration …
By: Jeffrey M. Haber Obtaining jurisdiction over a corporation that is incorporated and headquartered outside of the state can be difficult. A plaintiff must plead and prove that the corporation …