By Jonathan H. Freiberger This Blog has frequently addressed the interplay between document discovery in litigation and the repercussions resulting from the spoliation of evidence. [See, e.g., [here], [here], [here], …
By: Jeffrey M. Haber To establish a cause of action for fraud, a plaintiff must plead a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
By: Jeffrey M. Haber Section 1104 of the Business Corporation Law (“BCL”) grants a court the power to order the dissolution of a corporation “when the holders of shares representing …
By: Jeffrey M. Haber In Standlee Premium Prods, LLC v. WGST, Inc., 2023 N.Y. Slip Op. 30625(U) (Sup. Ct., N.Y. County Mar. 2, 2023) (here), the court addressed three topics …
By: Jeffrey M. Haber It is not often that we examine a case involving a cause of action for champerty. The last time we did so was on April 23, …
By: Jeffrey M. Haber In 228 W. 72 LLC v. 228A W. 72 LLC, 2023 N.Y. Slip Op. 01057 (1st Dept. Feb. 28, 2023) (here), the Appellate Division, First Department …
By: Jeffrey M. Haber On February 14, 2023, the New York Court of Appeals decided State of New York v. Vayu, Inc., 2023 N.Y. Slip Op. 00801 (Feb. 14, 2023) …
By: Jeffrey M. Haber As readers of this Blog know, to form a contract, the following elements must be present: an offer, acceptance of the offer, consideration, mutual assent (or …
By: Jeffrey M. Haber Previously, this Blog has examined the doctrine of res judicata (here and here). Under the doctrine, a party may not litigate a claim where a judgment on the …
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
