By Jonathan H. Freiberger Much has been written in this Blog about mortgage foreclosure actions. In this Blog’s prior article: “Second Department Addresses Issues Regarding Proof of Value of Foreclosed …
By: Jeffrey M. Haber As a general matter, indemnity is defined to encompass a duty to make good on any loss, damage, or liability incurred by another. Therefore, when a …
By Jonathan H. Freiberger This Blog, in “The New York Court of Appeals Addresses the Issue of When a Mechanic’s Lien Can Be Placed on a Landlord’s Property By A …
By Jonathan H. Freiberger As discussed in prior Blog articles, property owners sometimes require access to a neighbor’s property to make repairs to their own property. Neighbors can amicably (with legal …
By: Jeffrey M. Haber On October 27, 2022, the New York Court of Appeals decided 34-06 73, LLC v. Seneca Ins. Co., 2022 N.Y. Slip Op. 06029 (2022) (here), a …
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, and here). CPLR § 3213 is a procedural mechanism …
By Jonathan H. Freiberger As discussed previously in this Blog [here], the first question asked by a potential client when consulting about a new litigation matter is “can we sue …
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
By: Jeffrey M. Haber The voluntary payment doctrine bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of …
By Jonathan H. Freiberger Municipalities generally require home improvement contractors to be licensed to perform work. “Where a home improvement contractor is not properly licensed in the municipality where the …
