Who’s The Real Party in Interest Anyway?
- Oct 2 2024
By: Jeffrey M. Haber In Kapitus Servicing, Inc. v. MS Health, Inc., 221 A.D.3d 504, 505 (1st Dept. Nov. 21, 2023) (here), the Appellate Division, First Department addressed the issue …
Category: Business Litigation
Pleading Fraud with Particularity, Statute of Limitations and Breach of Contract
- Sep 30 2024
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 …
Just Because the Plaintiff Resides Outside the State Does Not Mean the Plaintiff Cannot Be Compelled to Personally Appear for a Deposition Within State
- Sep 25 2024
By: Jeffrey M. Haber During the Covid pandemic, conducting discovery, especially the taking of depositions, was challenging. Parties and their counsel had to adapt to the global health crisis. One …
In Pari Delicto … What Does That Mean?
- Sep 9 2024
By: Jeffrey M. Haber In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York …
Issues of Fact Prevent Summary Judgment on Claim of Successor Liability
- Aug 26 2024
By: Jeffrey M. Haber In Hydraulic IP Holdings, LLC v. Tan, 2024 N.Y. Slip Op. 32930(U) (Sup. Ct., N.Y. County Aug. 16, 2024 (here), the court was asked to hold …
Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action
- Aug 21 2024
By: Jeffrey M. Haber Often, in the pre-action investigation of a client’s claims, it becomes evident that discovery would materially aid the client in framing his/her complaint or in learning …
Fraudulent Inducement: Materiality, Scienter and Justifiable Reliance
- Aug 19 2024
By: Jeffrey M. Haber In DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 N.Y. Slip Op. 04225 (1st Dept. Aug. 15, 2024) (here), the Appellate Division, First Department considered the viability …
Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action
- Aug 7 2024
By: Jeffrey M. Haber In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal …
Intent is Important in Determining Third-Party Beneficiary Status
- Aug 5 2024
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 …
Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213
- Aug 2 2024
By: Jonathan H. Freiberger CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in …
