By Jonathan H. Freiberger On August 28, 2024, the Appellate Division, Second Department, decided U.S. Bank National Association v. Unger, a mortgage foreclosure action in which issues regarding statutes of …
By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable …
By: Jeffrey M. Haber In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 N.Y. Slip Op. 03798 (1st Dept. July 11, 2024) (here), the Appellate Division, First Department was …
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege and the attorney work product doctrine.1 Today, we take another opportunity to explore the contours of …
By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability. [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber …
By Jonathan H. Freiberger In most situations, the contemplated goal of a mortgage foreclosure action is the sale of the subject property at public auction pursuant to a judgment of …
By Jonathan H. Freiberger Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”. “In the …
By Jonathan H. Freiberger This Blog has frequently written about RPALP 1304. By way of background, and as previously noted in this Blog, RPAPL 1304 requires that at least ninety …
By Jonathan H. Freiberger Regular readers of this Blog are familiar with Bank of America, N.A. v. Kessler, 202 A.D.3d 10 (2021)(“Kessler”), a case about which we have previously written …
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 …
