By: Jeffrey M. Haber The doctrine of frustration of purpose is narrowly applied.[1] “In order to invoke the doctrine of frustration of purpose, the frustrated purpose must be so completely the …
By: Jeffrey M. Haber In BH 336 Partners LLC v. Sentinel Real Estate Corp., 2026 N.Y. Slip Op. 00305 (1st Dept. Jan. 22, 2026), the Appellate Division, First Department, modified an …
By: Jeffrey M. Haber In Alphasense, Inc. v. Financial Tech. Partners LP, 2026 N.Y. Slip Op. 00185 (1st Dept. Jan. 15, 2026), the Appellate Division, First Department, considered whether Plaintiffs validly …
By: Jeffrey M. Haber As a general matter, when a contract fails to conform to the agreement between the parties due to the mutual mistake of the parties, however induced, or …
By: Jonathan H. Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213,[1] which provides, in relevant part: When an action is …
By: Jeffrey M. Haber It is well settled that a “valid release constitutes a complete bar to an action on a claim which is the subject of the release.”[1] “[A] release …
By: Jeffrey M. Haber New York has a unique mechanism—summary judgment in lieu of complaint—that allows a party to recover money upon the default of an instrument for the payment …
By: Jeffrey M. Haber In today’s article, we examine Epstein v. Cantor, 2025 N.Y. Slip Op. 06989 (2d Dept. Dec. 17, 2025) (Epstein I), and Epstein v. Cantor, 2025 N.Y. Slip …
By: Jeffrey M. Haber In any contract dispute, “it is necessary to consider the language in the contract, for that is what controls the parties’ rights and responsibilities.”[1] For this reason, …
By: Jeffrey M. Haber In today’s article, we explore New York’s heightened pleading standard for defamation per se and defamation by implication. In Armbruster Capital Mgt., Inc. v. Barrett, 2025 N.Y. …
