By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
By Jonathan H. Freiberger If you are too busy to play along after reading the title of today’s article, it is my pleasure to help you out. FIRST — CPLR …
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by the entity. Often, plaintiffs will …
By: Jeffrey M. Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable …
By Jonathan H. Freiberger Mechanic’s liens are powerful tools that can be used by contractors, laborers and materialmen, among others, to assist in getting paid for work performed in improving …
By: Jeffrey M. Haber We have noted previously that the “policy of [the State of New York is] to encourage arbitration.”1 For this reason, “[a]ny doubts as to whether an …
By: Jeffrey M. Haber A partnership is an association of two or more persons to carry on as co-owners of a business for profit.1 The formation of a partnership requires a …
By Jonathan H. Freiberger This Blog has previously discussed the discovery process and its relationship to the spoliation of evidence. [See, e.g., [here], [here], [here] and [here].] Briefly stated, and …
