By: Jeffrey M. Haber Parties to commercial transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these …
By Jonathan H. Freiberger Regular readers of this Blog know that we spend a good deal of time writing about mortgage foreclosure. The anticipated conclusion of a mortgage foreclosure action …
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
By: Jeffrey M. Haber The statute of frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless …
By Jonathan H. Freiberger As the Court of Appeals has explained it, “[s]ummary judgment permits a party to show, by affidavit or other evidence, that there is no material issue …
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
