Successive Notices of Pendency
- Sep 16 2022
By Jonathan H. Freiberger A notice of pendency is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity …
Category: Commercial Litigation
Fraud and The Theater Food Concession
- Sep 12 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. As evident from the reported decisions, the justifiable reliance element …
Court Declines to Play Along with Defendant’s Game of “Catch Me If You Can”
- Sep 7 2022
By: Jeffrey M. Haber Sometimes, a plaintiff will find it difficult to serve a defendant with process. There can be many reasons for such difficulties. Avoidance is one such reason. …
Amended Pleadings Under CPLR 3025(b)
- Aug 26 2022
By Jonathan H. Freiberger Section 3025 of the CPLR permits litigants to amend their pleadings. Without leave of court, a party can amend a pleading once, as of right, “within …
Defendant Estopped From Vacating Default on Jurisdictional Grounds
- Aug 22 2022
By: Jeffrey M. Haber It is common to include a notice provision in commercial contracts and instruments, such as a loan, promissory note or guaranty. Notice provisions identify the party …
Defendant Successfully Raises Issues of Fact in Promissory Note Action Sufficient to Defendant Summary Judgment Under CPLR 3213
- Aug 15 2022
By: Jeffrey M. Haber It is not often that a defendant can defeat a motion for summary judgment under CPLR § 3213. In Landa v. Friedman, 2022 N.Y. Slip Op. …
COVID-19 and The Doctrines Of Frustration Of Purpose and Impossibility of Performance — Part III
- Aug 8 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (See here, here, and here). Because the Covid-19 pandemic …
No Damages, No Claim, Problem
- Aug 3 2022
By: Jeffrey M. Haber It is axiomatic that a plaintiff cannot succeed on his or her cause of action if there are no provable damages. It is, therefore, important that …
Enough Already With RPAPL 1304
- Jul 29 2022
By Jonathan H. Freiberger This Blog frequently covers the pre-foreclosure notice requirements of RPAPL 1304. See, e.g., [here], [here], [here], [here], [here], [here], [here], [here], [here], [here], [here] and [here]. …
Willful Exaggeration under Lien Law 39-a
- Jul 22 2022
By Jonathan H. Freiberger Laborers and material suppliers (collectively, “Providers”) that add value to construction projects should be paid for their work by the owner, general contractor or whoever else …
