Fraud Notes: Duplication in Duplicate
- Mar 7 2022
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. As readers of this Blog know, …
Category: Commercial Litigation
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The First Department Addresses Reimbursable Fees Awardable Under RPAPL 881
- Mar 4 2022
By Jonathan H. Freiberger As indicated in our previous articles regarding RPAPL 881, Real property owners or lessees (“Owners”) often find that their real property is in need of improvement …
Choice of Law Clause: Which Law Should Be Applied?
- Feb 28 2022
In drafting a contract, it is very common for the parties to include a choice of law provision. These provisions typically provide that a particular state’s law will apply regardless …
Second Department Addresses the Presumption of Receipt of a Properly Mailed Letter in the Context of a RPAPL 1304 Notice
- Feb 25 2022
By Jonathan H. Freiberger Just when you thought that there is nothing left to write about on RPAPL 1304 notices, a new case is decided with an interesting twist. Followers …
Dispute Resolution Clause Bars Breach of Contract and Fraudulent Inducement Claims
- Feb 23 2022
By: Jeffrey M. Haber When someone speaks of a dispute resolution clause, lawyers most likely think the speaker is referring to an arbitration clause. But, as discussed in Innovative Concepts …
Second Department Finds Lender’s “Reasonable Excuse” Unavailing After Failing To Timely Seek Default Judgment Pursuant To CPLR 3215(c)
- Feb 18 2022
By Jonathan H. Freiberger On February 16, 2022, the Appellate Division, Second Department, decided Bank of New York Mellon Trust Company v. Lee, a mortgage foreclosure action that was dismissed, …
Lost Profits and Promises of Future Performance
- Feb 16 2022
By: Jeffrey M. Haber It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event …
Lender Denied Summary Judgment Because It Failed To Demonstrate That The Five Housing Agencies Identified In Its RPAPL 1304 Notice Served The County In Which The Subject Property Was Located
- Feb 11 2022
By Jonathan H. Freiberger Followers of this Blog know that we frequently address issues involving residential mortgage foreclosure. Decisions involving the pre-foreclosure requirements of RPAPL 1304 are frequently rendered by …
Fraud Claim Dismissed On Statute Of Limitations Grounds Because Plaintiff Could Not Avail Itself of the Discovery Rule
- Feb 10 2022
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two …
Merger Clauses, Disclaimer Clauses and Derivative Standing
- Feb 7 2022
By: Jeffrey M. Haber In today’s article, we examine three principles of law that can spell the end of a litigation: disclaimer clauses, merger or integration clauses, and derivative standing. …
