Fraud Notes: Two Cases and The Examination of Scienter
- May 29 2024
By: Jeffrey M. Haber To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
Category: Business Litigation
The New York Court of Appeals Reminds Litigants That Words in Contracts Have Meaning
- May 20 2024
By: Jeffrey M. Haber When parties enter into a contract, each assumes that the language in their agreement accurately memorializes their understandings and intentions. For this reason, when a dispute …
First Department Reinforces Rule That Written Agreements Are To Be Construed In Accordance With The Parties’ Intent, The Best Evidence Of Which Is What They Say In Their Writing
- May 13 2024
By: Jeffrey M. Haber In Cline v. Grodin, 2024 N.Y. Slip Op. 02586 (1st Dept. May 9, 2024) (here), the Appellate Division, First Department was asked to consider whether an …
Failure to Identify a Statement Claimed to Be False and Text Messages as Documentary Evidence
- May 6 2024
By: Jeffrey M. Haber In Nosegbe v. Charles, 2024 N.Y. Slip Op. 02406 (4th Dept. May 3, 2024) (here), the Appellate Division, Fourth Department affirmed the dismissal of a fraud …
Statute of Limitations for Fraud Claims and Conclusory vs. Particularized Allegations
- Apr 29 2024
By: Jeffrey M. Haber In Lane’s Floor Coverings & Interiors, Inc. v. DiLalla, 2024 N.Y. Slip Op. 02257 (1st Dept. Apr. 25, 2024) (here), the Appellate Division, First Department considered …
New York Court of Appeals Holds That The Doctrine of Successor Jurisdiction Applies In a Transaction That Is Less Than a Merger
- Apr 22 2024
By: Jeffrey M. Haber The doctrine of successor jurisdiction provides that when two entities merge, the successor entity inherits the merged entity’s jurisdictional status for purposes of specific jurisdiction (i.e., …
Breach of Contract Claim Sustained Where Plaintiff Offered a Facially Reasonable Reading of The Contract
- Apr 15 2024
By: Jeffrey M. Haber The foundation of virtually every business and commercial transaction is a contract. It is difficult to imagine a transaction for the purchase or sale of goods, the …
Can an Accountant Hired to Perform “Compilation Services” be Shielded from Liability for the Alleged Improper Activities of a Corporate Officer?
- Apr 8 2024
By Jeffery Haber There are four primary levels of services provided by an accountant with respect to an entity’s financial statements: preparation, compilation, review, and audit. A preparation engagement is …
Attorneys May Be Awarded Fees When Contractually Required
- Apr 1 2024
By: Jeffrey M. Haber Attorneys are often asked by their clients if they can sue for attorney’s fees. Whether attorney’s fees may be recovered in litigation depends on the circumstances. …
The Assignment of Litigation Rights and Champerty
- Mar 27 2024
By: Jeffrey M. Haber It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). …
