The Doctrine of Corporation by Estoppel
- Apr 5 2024
By Jonathan H. Freiberger Whether a non-existent corporation can enter into a contract is an interesting question. The interesting answer is that sometimes it can. Pursuant to BCL § 403, …
Category: Commercial Litigation
Attorneys May Be Awarded Fees When Contractually Required
- Apr 1 2024
By: Jeffrey M. Haber Attorneys are often asked by their clients if they can sue for attorney’s fees. Whether attorney’s fees may be recovered in litigation depends on the circumstances. …
As a Matter of Equity, Hearing Court/Referee was Required to Calculate the Amounts Due in Mortgage Foreclosure Action
- Mar 29 2024
By Jonathan H. Freiberger This Blog frequently writes on numerous issues related to mortgage foreclosure. One aspect of a foreclosure action is the calculation of the amounts due to the …
The Assignment of Litigation Rights and Champerty
- Mar 27 2024
By: Jeffrey M. Haber It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). …
The Court of Appeals Makes a Ruling on “the Proper Scope of the Trial Court’s Discretion to Grant Leave to Amend a Complaint Under CPLR 3025(b)”
- Mar 22 2024
By Jonathan H. Freiberger On March 19, 2024, the Court of Appeals decided Favourite Limited v. Cico, a case concerning “the proper scope of the trial court’s discretion to grant …
The Duplication Doctrine and Another Dismissal of a Fraud Claim
- Mar 20 2024
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined the duplication doctrine, fraud claims that are nothing more than contract claims dressed up …
The Second Department, Pursuant to CPLR 306-b, Extends Time For Plaintiff to Serve Defendant After Lengthy Delay and Expiration of Statute of Limitations
- Mar 18 2024
By Jonathan H. Freiberger Actions or proceedings (collectively, “Actions”) are commenced by filing the initiatory papers with the appropriate county clerk. CPLR 304(a).1 Once the Action is commenced, the plaintiff …
Publicly Available Information, Justifiable Reliance and The Caveat Emptor Doctrine
- Mar 14 2024
By: Jeffrey M. Haber The common law doctrine of caveat emptor is a well-accepted rule of law in New York. Under the doctrine, the courts will not impose liability on …
Collective Alter Ego Liability Theory Rejected By First Department
- Mar 11 2024
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by a corporate entity. Often, plaintiffs …
SECOND DEPARTMENT FINDS LOAN IS NOT SUBJECT TO USURY LAWS BECAUSE PRINCIPAL VALUE EXCEEDS $2,500,000
- Mar 8 2024
By Jonathan H. Freiberger Folks have general notions about usury. However, there are many nuances to the application of the usury laws in New York. This BLOG has previously written …
