To be a Joint Venture? or Not to Be a Joint Venture – That is the Question
- Apr 19 2023
By: Jeffrey M. Haber When is a joint venture a joint venture under the law? The easy answer to this question can be found when the parties enter into an …
Category: Commercial Litigation
Res Judicata Bars Action To Determine The Validity of a Refinancing Agreement
- Apr 17 2023
By: Jeffrey M. Haber Under the doctrine of res judicata, a final judgment on the merits of a claim precludes re-litigation of that claim by a party, and those in …
Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
- Apr 14 2023
By Jonathan H. Freiberger As explained in prior Blog articles, a court will grant a motion for summary judgment if, upon all the papers and evidence submitted, the cause of …
Court Finds No Basis to Infer that Attorney Had Authority to Represent Party in An Action
- Apr 12 2023
By: Jeffrey M. Haber In today’s article, we address the question: When is an attorney authorized to act on behalf of a party? As one would expect, when the client …
The Doctrine of Unconscionability and Fraudulent Inducement
- Apr 10 2023
By: Jeffrey M. Haber In Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2023 N.Y. Slip Op. 01843 (1st Dept. April 6, 2023) (here), the Appellate Division, …
The Pitfalls of the Informal Appearances and the Benefit of the Corporate Veil
- Apr 7 2023
By Jonathan H. Freiberger This Blog has previously discussed informal appearances in an article aptly titled: “Informal Appearances,” from which the introductory information related to informal appearances is taken. Informal …
Fraud and the Ice Cream Franchise
- Apr 5 2023
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
- Mar 31 2023
By Jonathan H. Freiberger While this Blog has addressed numerous issues relating to residential mortgage foreclosure, it has never touched upon the requirement in RPAPL 1351(1) that a judgment of …
Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
- Mar 29 2023
By: Jeffrey M. Haber In NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), Justice Melissa A. Crane …
Be Careful When Purchasing Interests in Structured Settlement Payments
- Mar 24 2023
By Jonathan H. Freiberger Structured settlement annuities are frequently used by courts and litigants to provide a stream of payments to, inter alia, injured parties and/or their families in personal …
