Second Department Rejects Challenge to Confession of Judgment
- Aug 16 2021
By Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is …
Category: Commercial Litigation
Freiberger Haber LLP Celebrates Its Four-Year Anniversary
- Aug 13 2021
This month, Freiberger Haber LLP is celebrating its four-year anniversary. To say that we are excited to celebrate this milestone is an understatement. We know the firm could not have …
“‘John Doe’ and the Statute of Limitations” May be the Worst Name for a Rock Band
- Aug 6 2021
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel
- Aug 2 2021
Depositions in real life are not the same as those depicted on television and in the movies. In Hollywood, counsel defending a deposition can say just about anything. As litigators …
The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action
- Jul 30 2021
This Blog has frequently addressed evidentiary issues faced by foreclosing lenders. See, e.g., [here], [here], [here], [here],[here]. On July 21, 2021, the Appellate Division, Second Department, decided Deutsche Bank National …
Court Sustains Claim That Defendants Breached the Terms of A Broad Release
- Jul 28 2021
When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. …
Subject-Matter Waiver of the Attorney-Client Privilege
- Jul 26 2021
“The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal advice in the course …
In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c)
- Jul 23 2021
Sometimes during the course of litigation, through no fault of a litigant, his, her or their attorney becomes physically, mentally or legally incapable of representing the client. In such circumstances, …
Liquidated Damages Clause Found Not to Be Unconscionable
- Jul 19 2021
Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. …
BE CAREFUL WHAT YOU STIP FOR
- Jul 16 2021
Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as …
