The Doctrine of Unconscionability and Fraudulent Inducement
- Apr 10 2023
By: Jeffrey M. Haber In Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2023 N.Y. Slip Op. 01843 (1st Dept. April 6, 2023) (here), the Appellate Division, …
Category: Commercial Litigation
The Pitfalls of the Informal Appearances and the Benefit of the Corporate Veil
- Apr 7 2023
By Jonathan H. Freiberger This Blog has previously discussed informal appearances in an article aptly titled: “Informal Appearances,” from which the introductory information related to informal appearances is taken. Informal …
Fraud and the Ice Cream Franchise
- Apr 5 2023
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
- Mar 31 2023
By Jonathan H. Freiberger While this Blog has addressed numerous issues relating to residential mortgage foreclosure, it has never touched upon the requirement in RPAPL 1351(1) that a judgment of …
Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
- Mar 29 2023
By: Jeffrey M. Haber In NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), Justice Melissa A. Crane …
Be Careful When Purchasing Interests in Structured Settlement Payments
- Mar 24 2023
By Jonathan H. Freiberger Structured settlement annuities are frequently used by courts and litigants to provide a stream of payments to, inter alia, injured parties and/or their families in personal …
WhatsApp With Your Spoliation of Important Cell Phone Information
- Mar 17 2023
By Jonathan H. Freiberger This Blog has frequently addressed the interplay between document discovery in litigation and the repercussions resulting from the spoliation of evidence. [See, e.g., [here], [here], [here], …
Fraud Notes: First Department Talks About Misrepresentations of Fact and Justifiable Reliance
- Mar 15 2023
By: Jeffrey M. Haber To establish a cause of action for fraud, a plaintiff must plead a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
Under One Silo: Fraudulent Inducement, Fraudulent Conveyance and Violation of GBL § 349
- Mar 10 2023
By: Jeffrey M. Haber In Standlee Premium Prods, LLC v. WGST, Inc., 2023 N.Y. Slip Op. 30625(U) (Sup. Ct., N.Y. County Mar. 2, 2023) (here), the court addressed three topics …
Champerty and Fraud . . . What a Combination!
- Mar 8 2023
By: Jeffrey M. Haber It is not often that we examine a case involving a cause of action for champerty. The last time we did so was on April 23, …
