To be a Joint Venture? or Not to Be a Joint Venture – That is the Question
- Apr 19 2023
By: Jeffrey M. Haber When is a joint venture a joint venture under the law? The easy answer to this question can be found when the parties enter into an …
Category: Business Litigation
Res Judicata Bars Action To Determine The Validity of a Refinancing Agreement
- Apr 17 2023
By: Jeffrey M. Haber Under the doctrine of res judicata, a final judgment on the merits of a claim precludes re-litigation of that claim by a party, and those in …
Court Finds No Basis to Infer that Attorney Had Authority to Represent Party in An Action
- Apr 12 2023
By: Jeffrey M. Haber In today’s article, we address the question: When is an attorney authorized to act on behalf of a party? As one would expect, when the client …
The Doctrine of Unconscionability and Fraudulent Inducement
- Apr 10 2023
By: Jeffrey M. Haber In Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2023 N.Y. Slip Op. 01843 (1st Dept. April 6, 2023) (here), the Appellate Division, …
Fraud and the Ice Cream Franchise
- Apr 5 2023
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
- Mar 29 2023
By: Jeffrey M. Haber In NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), Justice Melissa A. Crane …
WhatsApp With Your Spoliation of Important Cell Phone Information
- Mar 17 2023
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], …
Fraud Notes: First Department Talks About Misrepresentations of Fact and Justifiable Reliance
- Mar 15 2023
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 …
Breaking Up is Hard to Do 2.0: Court Denies Motion to Dissolve Under BCL 1104-a
- Mar 13 2023
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 …
Under One Silo: Fraudulent Inducement, Fraudulent Conveyance and Violation of GBL § 349
- Mar 10 2023
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 …
