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 …
Category: Business Litigation
Business Judgment Rule Bars Claim That Board Treated Shareholder Differently Than Other Shareholders
- Apr 14 2025
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 …
After Non-Jury Trial, Court Finds Defendants Committed Fraudulent Acts in Connection with The Construction of a Resort Complex in The Bahamas
- Apr 8 2025
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” …
Scope of Court Proceedings Limited By Parties’ Agreement
- Apr 2 2025
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 …
Sparse Allegations of Material Misrepresentations and An Insincere Promise to Perform Under a Contract Held Not Sufficient to State a Claim for Fraud and Fraudulent Inducement
- Mar 19 2025
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 …
Fraud Notes: Justifiable Reliance, Particularity and Duplication
- Mar 12 2025
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 …
Res Judicata Barred Subsequent Action To Quiet Title Because It Involved Essentially The Same Causes of Action As Asserted In An Earlier Action
- Mar 8 2025
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 …
Complaint Dismissed Because Notice Given to Oust General Partner Pursuant to Partnership Agreement Was Not Sent Derivatively
- Feb 24 2025
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 …
Confession of Judgment and The Pursuit of Legal Fees
- Feb 19 2025
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 …
The Stress of Bar Association Activities Sufficient to Support the Defense of Law Office Failure
- Feb 12 2025
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 …
