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 …
Category: Commercial Litigation
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 …
Tolling and The Continuing Wrong Doctrine
- Jul 18 2022
By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations. Statutes of limitations restrict …
Not Another Article on RPAPL 1304
- Jul 15 2022
By Jonathan H. Freiberger I say it all the time and I’m going to say it again, the readers of this Blog know that we frequently discuss numerous aspects of …
Fraud, Group Pleading and Particularity
- Jul 13 2022
By: Jeffrey M. Haber In Yunjie Yang v. Knights Genesis Group, 2022 N.Y. Slip Op. 32126(U) (Sup. Ct., N.Y. County July 6, 2022) (here), the court was asked to consider …
