Summons the Summons – Or Else
- Oct 6 2023
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 …
Category: Commercial Litigation
Failure To Read Relevant Documents Prevents Claim Of Justifiable Reliance
- Oct 4 2023
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 …
Dismissal of Complaint With Prejudice Due To Violation of BCL § 1312 Modified To Allow Unregistered Foreign Corporation To Register With The State
- Sep 29 2023
By: Jeffrey M. Haber In New York, foreign entities – that is, corporations, limited liability companies and partnerships authorized to do business in another jurisdiction or country – are required …
Dispute Involving Mostly Israeli Residents Dismissed on Forum Non-Conveniens Grounds
- Sep 27 2023
By: Jeffrey M. Haber “The doctrine of forum non conveniens permits a US court to decline to exercise its judicial jurisdiction if the court would be a seriously inconvenient forum …
It’s Settled!! The Second Department Holds that Length Does Matter
- Sep 22 2023
By Jonathan H. Freiberger Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff …
Don’t Let the Other Guy be Unjustly Enriched
- Sep 15 2023
By Jonathan H. Freiberger Sometimes someone receives a valuable benefit from your efforts and refuses to compensate you. If the “benefit” was the result of a contractual relationship, a lawsuit …
Is it A Usurious Loan or The Sale of a Receivable?
- Sep 13 2023
By: Jeffrey M. Haber In our last article (here), we examined a choice-of-law provision that, if applied, would violate New York public policy concerning usurious loans. In that case, Virginia …
Choice of Law Provision Held Invalid Because Its Application Violates New York Public Policy
- Sep 11 2023
By: Jeffrey M. Haber It is well settled that parties to a contract are free to include choice-of-law provisions in their agreements. Such provisions are generally enforced by New York …
Mortgage Contingency Clauses Revisited
- Sep 1 2023
By Jonathan H. Freiberger Frequently, individuals or entities looking to purchase real property have insufficient savings to make the purchase with cash or otherwise do not want to purchase with …
Securities Act Claims Dismissed as Time-Barred and Otherwise Insufficient
- Aug 28 2023
By: Jeffrey M. Haber On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, in which it unanimously held that the Securities …
