The Importance of Complying With Court Orders
- Sep 27 2021
By: Jeffrey M. Haber Default judgments are a part of litigation. In New York, a default judgment may be entered “[w]hen a defendant has failed to appear, plead or proceed to …
Category: Business Litigation
Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language
- Aug 23 2021
By Jeffrey M. Haber When a party releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the …
Second Department Rejects Challenge to Confession of Judgment
- Aug 16 2021
By Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is …
Freiberger Haber LLP Celebrates Its Four-Year Anniversary
- Aug 13 2021
This month, Freiberger Haber LLP is celebrating its four-year anniversary. To say that we are excited to celebrate this milestone is an understatement. We know the firm could not have …
Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel
- Aug 2 2021
Depositions in real life are not the same as those depicted on television and in the movies. In Hollywood, counsel defending a deposition can say just about anything. As litigators …
Court Sustains Claim That Defendants Breached the Terms of A Broad Release
- Jul 28 2021
When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. …
Subject-Matter Waiver of the Attorney-Client Privilege
- Jul 26 2021
“The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal advice in the course …
Liquidated Damages Clause Found Not to Be Unconscionable
- Jul 19 2021
Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. …
Duplication or No Duplication? That is the Question Decided by The Second Department
- Jul 12 2021
A recurring theme in the jurisprudence concerning claims of fraud and breach of contract is duplication – that is, whether the fraud claim duplicates the breach of contract claim. It …
A Contract That Means What It Says
- Jun 23 2021
In New York, contracts are to be construed in accordance with the parties’ intent. See, e.g., Slatt v. Slatt, 64 N.Y.2d 966 (1985). “The best evidence of what parties to …
