By: Jeffrey M. Haber In New York, as in other jurisdictions, settlement agreements “are judicially favored, will not lightly be set aside,” and will be enforced “with rigor and without …
By Jonathan H. Freiberger Once an attorney appears in an action on behalf of a client and becomes the attorney of record, the client is free to change counsel by …
By: Jeffrey M. Haber A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) …
By Jonathan H. Freiberger This Blog has previously addressed the question of whether a binding settlement can be reached through a series of emails as opposed to a fully integrated …
By: Jeffrey M. Haber Negligent misrepresentation and fraudulent inducement are, to some extent, cut from the same cloth. Both causes of action involve false statements. Often, though not always, the …
By Jonathan H. Freiberger As previously noted in this Blog, there are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component …
By: Jeffrey M. Haber “A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that …
By: Jeffrey M. Haber In Gold v. Rothfeld, 2023 N.Y. Slip Op. 05006 (2d Dept. Oct. 4, 2023) (here), the Appellate Division, Second Department affirmed the dismissal of a fraud …
By Jonathan H. Freiberger This Blog frequently addresses complex substantive and procedural issues. Today, however, we return to basics. In New York, an “action is commenced by the filing of …
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraudulent inducement claim is “justifiable reliance.” The New York Court of Appeals has emphasized …
