Issues of Fact Prevent Summary Judgment on Claim of Successor Liability
- Aug 26 2024
By: Jeffrey M. Haber In Hydraulic IP Holdings, LLC v. Tan, 2024 N.Y. Slip Op. 32930(U) (Sup. Ct., N.Y. County Aug. 16, 2024 (here), the court was asked to hold …
Category: Commercial Litigation
Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action
- Aug 21 2024
By: Jeffrey M. Haber Often, in the pre-action investigation of a client’s claims, it becomes evident that discovery would materially aid the client in framing his/her complaint or in learning …
Fraudulent Inducement: Materiality, Scienter and Justifiable Reliance
- Aug 19 2024
By: Jeffrey M. Haber In DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 N.Y. Slip Op. 04225 (1st Dept. Aug. 15, 2024) (here), the Appellate Division, First Department considered the viability …
You Can’t Put the Cart (Judgment of Foreclosure and Sale) Before the Horse (Summary Judgment)
- Aug 16 2024
By: Jonathan H. Freiberger Sometimes this BLOG takes an in-depth look at recently decided cases from New York’s appellate courts; other times it simply reports on cases with an interesting …
Uncooperative Tenants and Specific Performance of a Contract for the Sale of Real Estate
- Aug 9 2024
By Jonathan H. Freiberger As noted in prior BLOG articles, specific performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 …
Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action
- Aug 7 2024
By: Jeffrey M. Haber In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal …
Intent is Important in Determining Third-Party Beneficiary Status
- Aug 5 2024
By: Jeffrey M. Haber “A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party …
Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213
- Aug 2 2024
By: Jonathan H. Freiberger CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in …
The Relation-Back Doctrine Under CPLR 203(c) and (f)
- Jul 31 2024
By: Jeffrey M. Haber It is well-settled that leave to amend a pleading is to be freely granted.[1] Leave may be denied, however, if the proposed amendment is palpably insufficient or …
Vacating a Judgment by Confession Due to Fraud
- Jul 29 2024
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 a …
