Licorice Sticks and New York’s General Business Law
- May 21 2025
By: Jeffrey M. Haber In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether …
Category: Business Law
Complaint Dismissed Because Notice Given to Oust General Partner Pursuant to Partnership Agreement Was Not Sent Derivatively
- Feb 24 2025
By: Jeffrey M. Haber It is well-settled that a plaintiff asserting a derivative claim seeks to recover for injury to the business entity, regardless of whether the entity is a …
Judicial Dissolution Denied Due to Waiver of Such Relief in Governing Operating Agreement
- Feb 10 2025
By: Jeffrey M. Haber An operating agreement is the primary document that establishes the rights, powers, duties, liabilities, and obligations of the members of a limited liability company (“LLC”) between …
Issues of Fact Surround Application of Business Judgment Rule
- Feb 5 2025
By: Jeffrey M. Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before it. In commercial matters, choice of law contract …
Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department
- Jan 20 2025
By: Jeffrey M. Haber In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud …
Giving Two Contract Provisions Their Intended Meaning
- Jan 6 2025
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 …
Fraudulent Inducement: Exculpatory Clauses, Representations and Warranties, and Justifiable Reliance
- Dec 11 2024
By: Jeffrey M. Haber In today’s article, we revisit some familiar principles concerning claims of fraudulent inducement. We will also examine the impact of a contractual exculpatory clause on the viability …
Freiberger Haber’s Co-Founding Partners Recognized by Super Lawyers Magazine®
- Nov 6 2024
Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by Super Lawyers Magazine® to be among the top lawyers …
GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
- Sep 16 2024
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 …
The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions
- Sep 13 2024
By Jonathan H. Freiberger Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain …
