Trivial Breaches and Form Over Substance
- Apr 29 2025
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
By: Jeffrey M. Haber It has long been the law that the business judgment rule applies to the decisions made by boards of directors of residential cooperatives and condominiums.[1] “The …
By: Jeffrey M. Haber On July 8, 2019, this Blog wrote an article titled, “First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims” …
By: Jeffrey M. Haber In Idi v. Sela, 2025 N.Y. Slip Op. 01890 (1st Dept. Apr. 1, 2025) (here), the Appellate Division, First Department addressed an issue of contract interpretation …
By: Jeffrey M. Haber To state a claim for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by …
By: Jeffrey M. Haber In Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 N.Y. Slip Op. 01317 (1st Dept. Mar. 11, 2025) (here), the Appellate Division, First …
By: Jeffrey M. Haber Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on …
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 …
By: Jeffrey M. Haber The question that clients most often ask their attorney is whether they can get back their attorney’s fees if they prevail on their claims. As we …
By: Jeffrey M. Haber Now and then a lawyer fails to meet a deadline or otherwise acts untimely. Several “saving” provisions in the Civil Practice Law and Rules (“CPLR”) are …