By: Jeffrey M. Haber In almost every litigation, the question that clients most often ask is whether they can get back their attorney’s fees. As we have explained in past articles …
By: Jeffrey M. Haber In Singh v. T-Mobile, 2024 N.Y. Slip Op. 05554 (2d Dept. Nov. 13, 2024) (here), the Appellate Division, Second Department affirmed the dismissal of an action …
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
By: Jeffrey M. Haber In Rabinowitz v. Clarke, 2024 N.Y. Slip Op. 04627 ( st Dept. Sept. 26, 2024) (here), the Appellate Division, First Department addressed legal principles and causes of …
By: Jeffrey M. Haber In Murray v. Samsung Elecs. Am., Inc., 2024 N.Y. Slip Op. 51257(U) (Sup. Ct. Monroe County Sept. 12, 2024) (here), the court was asked to consider …
By: Jeffrey M. Haber “A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party …
By: Jeffrey M. Haber In Noto v. Planck, LLC, 2024 N.Y. Slip Op. 03340 (1st Dept. June 18, 2024) (here), the Appellate Division, First Department examined an at-will employee’s decision …
By: Jeffrey M. Haber When parties negotiate an agreement, the terms of which are clear and unambiguous, their writing will be enforced according to its terms. In the event of …
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 …
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 …
