The Best Evidence Rule: It’s the Original Document
- Nov 20 2024
By: Jeffrey M. Haber In litigation, parties often dispute the content and meaning of documents that form the basis of their dispute. Too many times a litigant will say that …
Category: Commercial Litigation
Please Release Me Let Me Go
- Nov 15 2024
By: Jonathan H. Freiberger This BLOG has written frequently about the substance and scope of general releases.[1] As noted in prior BLOG articles, in New York, “a valid release constitutes …
Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment
- Nov 13 2024
By: Jeffrey M. Haber In Singh v. T-Mobile, 2024 N.Y. Slip Op. 05554 (2d Dept. Nov. 13, 2024) (here), the Appellate Division, Second Department affirmed the dismissal of an action …
Pursuant to RPL 282(1), Attorney’s Fees Are Available to Borrowers In Mortgage Foreclosure Actions If They Know How to Ask For Them
- Nov 8 2024
By: Jonathan H. Freiberger As discussed in a prior BLOG article, one of the first questions asked by a potential client when consulting about a new litigation matter is “can …
Contract Interpretation: Contracts Are To Be Construed in Accordance With The Parties’ Intent
- Nov 4 2024
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the Borrower
- Nov 1 2024
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure.[1] We have also written numerous articles relating to the recently enacted …
A Primer on The Components of Personal Jurisdiction
- Oct 30 2024
By: Jeffrey M. Haber In Emirates Islamic Bank PJSC v. NeoPharma LLC, 2024 N.Y. Slip Op. 51461(U) (Sup. Ct., N.Y. County Oct. 4, 2024) (here), Justice Gerald Lebovits addressed an …
The Appellate Division, Third Department, Holds that the Six-Year Statute of Limitations to Commence an Action to Foreclose a Reverse Mortgage Accrues at the Time of Death of the Borrower
- Oct 28 2024
By: Jonathan H. Freiberger Today’s BLOG article relates to Reverse Mortgage Solutions, Inc. v. Miglucci, a mortgage foreclosure action[1] decided by the Appellate Division, Third Department, on October 17, 2024. …
The Appellate Division, Third Department, Holds that Retroactive Application of the Foreclosure Abuse Prevention Act (“FAPA”) Does Not Violate Due Process
- Oct 25 2024
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure.[1] We have also written numerous articles relating to the recently enacted …
Thorny Issues Concerning the Statute of Limitations for Declaratory Relief and Breach of Fiduciary Duty
- Oct 23 2024
By: Jeffrey M. Haber Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their …
