Vacating a Judgment by Confession Due to Fraud
- Jul 29 2024
By Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is a …
Category: Commercial Litigation
Landlords Can Waive Goodbye to Their Lease Rights by Accepting Rent Payments With Knowledge of the Tenant’s Defaults
- Jul 26 2024
By Jonathan H. Freiberger Today’s Blog article addresses the issue of waiver of lease rights. Frequently, litigation involves the question of whether a party waived certain of its rights; whether …
Courts Will Not Assist An Effort To Enforce An Illegal Contract
- Jul 19 2024
By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable …
Non-Recourse Contract Provisions and The Inducement to Continue Performing Under a Contract as The Basis For A Fraud Claim
- Jul 15 2024
By: Jeffrey M. Haber In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 N.Y. Slip Op. 03798 (1st Dept. July 11, 2024) (here), the Appellate Division, First Department was …
Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process
- Jul 12 2024
By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014 [here]. …
Two-Year Discovery Rule Does Not Save Fraud Claim From Dismissal
- Jul 5 2024
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years …
Contract Interpretation: Words Have Meaning
- Jul 3 2024
By: Jeffrey M. Haber As readers of this Blog know, we have frequently written about how courts enforce contracts that are clear and unambiguous. In fact, many of our articles …
Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
- Jun 28 2024
By Jonathan H. Freiberger On numerous occasions, this Blog has addressed issues related to RPAPL 1304. [Eds. Note: to view this Blog’s prior articles on RPAPL 1304, kindly type “RPAPL …
Typographical Errors, Grammatical Mistakes, and Other Obvious Errors Do Not Render a Contract Ambiguous, Says The New York Court of Appeals
- Jun 24 2024
By: Jeffrey M. Haber In a prior post, we examined the impact of proofreading failures when drafting an agreement (here). In MAK Technology Holdings Inc. v. Anyvision Interactive Technologies Ltd., …
THE FIRST DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION RELATED TO THE MAILING REQUIREMENT WHEN SERVICE OF PROCESS IN MADE PURSUANT TO CPLR 308(2)
- Jun 21 2024
By Jonathan H. Freiberger In today’s BLOG we discuss AMK Capital Corp. v. Plotch., a case decided on June 18, 2024, by the Appellate Division, First Department, that involves, inter …
