This Blog frequently addresses issues involving mortgage foreclosures in New York. [HERE], [HERE] [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE],. …
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — …
When parties enter into contracts, they generally do so with the expectation of receiving the benefits of their respective bargains. Hopefully, these expectations are realized when all parties perform. A …
Fraud in the sale of securities. Such an allegation is often governed by an arbitration clause, requiring the parties to resolve their dispute before a FINRA tribunal. Not all investment …
The nature of the equitable remedy of specific performance as related to litigation concerning real estate contracts has been explained by this BLOG [here] and also addressed, inter alia, [here] …
Today, we examine Two Rivers Entities, LLC v. Sandoval, 2021 N.Y. Slip Op. 01527 (1st Dept. Mar. 16, 2021) (here), a case involving breach of contract and the faithless servant …
It has long been the law in New York that a party’s disclaimer of reliance on extra-contractual representations and omissions will not preclude a fraudulent inducement claim unless: (1) the …
Disclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. In general, there “shall be full disclosure of all matters material …
In the past, this Blog has examined cases in which the plaintiff brings a breach of contract claim and fraud claim in the same proceeding. [E.g., here, here, here, and …
“Summary judgment is a judgment entered by a court for one party and against another party without a full trial.” (Here.) The motion is designed to avoid unnecessary trials – …
