Sometimes One Bite at the Apple is All You Get
- Jun 23 2023
By Jonathan H. Freiberger Today’s Blog involves motions to renew and reargue and successive motions for summary judgment. When a motion is denied, a movant has several options. One can …
Category: Commercial Litigation
First Department Holds that Term Sheet is Not a Binding Contract
- Jun 16 2023
By Jonathan H. Freiberger Generally speaking, “term sheets” outline the basic terms of a transaction being negotiated by the parties thereto. This Blog has previously addressed the enforceability of “term …
Fraud Claims That Are Duplicative of Contract Claims, Until They Are Not
- Jun 12 2023
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. Where both claims are asserted, more …
For Want of a Postage Stamp, the Foreclosure Action Was Lost
- Jun 9 2023
By Jonathan H. Freiberger This Blog has frequently written about RPALP 1304. By way of background, and as previously noted in this Blog, RPAPL 1304 requires that at least ninety …
Conspiracy Theory Jurisdiction. Who Knew?
- May 31 2023
By: Jeffrey Haber Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment dismissing one or more causes of action asserted against him on …
Assignees Beware: The Right to Assert a Fraud Claim Related to A Contract or Note Does Not Automatically Transfer with The Assignment of the Contract or Note
- May 26 2023
Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
Penalty Provisions and Liquidated Damages Clauses Cut From The Same Cloth
- May 22 2023
By: Jeffrey Haber Commercial contracts typically include a liquidated damages provision that allows for the payment of a predetermined amount of damages in the event of a breach by one …
Second Department Finds Triable Issue of Fact as to the Question of Seller’s Oral Waiver of Time of the Essence Closing Date in Real Estate Contract
- May 19 2023
By Jonathan H. Freiberger The question of when parties must close title on a real estate transaction is often answered by another question – has either party sent a “time …
25% Owner Held Not to Have Dominated and Controlled Corporate Entity to Pierce the Corporate Veil
- May 17 2023
By: Jeffrey M. Haber This Blog has previously written about the benefits of forming a corporation or a limited liability corporation and the perils of ignoring the corporate formalities that …
You Can’t Have A Fraud If You Don’t Have A Communication In Which A False Statement Is Made
- May 15 2023
By: Jeffrey M. Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material fact; (2) falsity; (3) scienter; (4) justifiable reliance; and (5) …
