Vacatur Under the FAA – It Isn’t Easy
- May 22 2024
By: Jeffrey M. Haber This Blog has posted numerous articles concerning vacatur of an arbitration award under Article 75 of the Civil Practice Law and Rules (“CPLR”). E.g., here, here, …
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The New York Court of Appeals Reminds Litigants That Words in Contracts Have Meaning
- May 20 2024
By: Jeffrey M. Haber When parties enter into a contract, each assumes that the language in their agreement accurately memorializes their understandings and intentions. For this reason, when a dispute …
First Department Definitively Holds that an Account Stated Cause of Action is Independent, and Not Duplicative, of a Breach of Contract Cause of Action
- May 17 2024
By Jonathan H. Freiberger Today’s BLOG article touches on two areas of the law on which we have previously written – account stated1 and duplication.2 “An account stated is an …
The Former DCL Remains On The Docket
- May 15 2024
By: Jeffrey M. Haber As readers of this Blog know, on December 6, 2019, the State of New York joined the vast majority of jurisdictions to adopt the Uniform Voidable …
First Department Reinforces Rule That Written Agreements Are To Be Construed In Accordance With The Parties’ Intent, The Best Evidence Of Which Is What They Say In Their Writing
- May 13 2024
By: Jeffrey M. Haber In Cline v. Grodin, 2024 N.Y. Slip Op. 02586 (1st Dept. May 9, 2024) (here), the Appellate Division, First Department was asked to consider whether an …
Enforcement News: More Than 1,500 SEC Filings Affected By Alleged Fraud Perpetrated By Accounting Firm and Its Owner
- May 8 2024
By: Jeffrey M. Haber On May 3, 2024, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it charged audit firm BF Borgers CPA PC and its owner, …
Failure to Identify a Statement Claimed to Be False and Text Messages as Documentary Evidence
- May 6 2024
By: Jeffrey M. Haber In Nosegbe v. Charles, 2024 N.Y. Slip Op. 02406 (4th Dept. May 3, 2024) (here), the Appellate Division, Fourth Department affirmed the dismissal of a fraud …
Personal Jurisdiction and the Vacatur of Defaults
- May 3 2024
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates …
Enforcement News: SEC Enforces Violations of Amended Marketing Rule Against Five Investment Advisors
- May 1 2024
By: Jeffrey M. Haber On December 22, 2020, the Securities and Exchange Commission (the “SEC” or the “Commission”) adopted significant amendments to Rule 206(4)-1 promulgated under the Investment Advisers Act …
Statute of Limitations for Fraud Claims and Conclusory vs. Particularized Allegations
- Apr 29 2024
By: Jeffrey M. Haber In Lane’s Floor Coverings & Interiors, Inc. v. DiLalla, 2024 N.Y. Slip Op. 02257 (1st Dept. Apr. 25, 2024) (here), the Appellate Division, First Department considered …
