Contractual Indemnification: Cohen v. Trump Organization LLC
- Nov 16 2022
By: Jeffrey M. Haber As a general matter, indemnity is defined to encompass a duty to make good on any loss, damage, or liability incurred by another. Therefore, when a …
Category: Commercial Litigation
First Department Holds That Scaffolding and Sidewalk Shed Installed For Construction Project Could Not Support Mechanic’s Lien Because They Were Not “Permanent Improvements”
- Nov 14 2022
By Jonathan H. Freiberger This Blog, in “The New York Court of Appeals Addresses the Issue of When a Mechanic’s Lien Can Be Placed on a Landlord’s Property By A …
First Department Holds That Respondent Is Not Entitled To The Recovery Of Professional And Attorney’s Fees When It Successfully Defends An RPAPL 881 Proceeding And A License Is Not Issued To Petitioning Neighbor
- Nov 4 2022
By Jonathan H. Freiberger As discussed in prior Blog articles, property owners sometimes require access to a neighbor’s property to make repairs to their own property. Neighbors can amicably (with legal …
Court of Appeals Provides the Contours of the Notice Requirement Under CPLR § 203(f)
- Oct 31 2022
By: Jeffrey M. Haber On October 27, 2022, the New York Court of Appeals decided 34-06 73, LLC v. Seneca Ins. Co., 2022 N.Y. Slip Op. 06029 (2022) (here), a …
Court finds Merchant Cash Advance Agreement Not to Be an Instrument for The Payment of Money Only
- Oct 26 2022
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, and here). CPLR § 3213 is a procedural mechanism …
NEW YORK COURT OF APPEALS REAFFIRMS THAT, WITH RESPECT TO SHIFTING OF RESPONSIBILITY FOR PAYMENT OF ATTORNEY’S FEES, THE AMERICAN RULE RULES
- Oct 21 2022
By Jonathan H. Freiberger As discussed previously in this Blog [here], the first question asked by a potential client when consulting about a new litigation matter is “can we sue …
Words Have Meaning
- Oct 19 2022
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
Issues of Fact Prevent Application of The Voluntary Payment Doctrine, Says The First Department
- Oct 17 2022
By: Jeffrey M. Haber The voluntary payment doctrine bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of …
SUBCONTRACTOR TO UNLICENSED GENERAL CONTRACTOR NOT PERMITTED TO MAKE CLAIM DIRECTLY AGAINST HOMEOWNER
- Oct 14 2022
By Jonathan H. Freiberger Municipalities generally require home improvement contractors to be licensed to perform work. “Where a home improvement contractor is not properly licensed in the municipality where the …
Out-of-pocket Fraud Damages: Proof Required to Determine the Value of Restricted Securities
- Oct 11 2022
By: Jeffrey M. Haber Since the early 20th century, a plaintiff alleging fraud in New York can recover only the actual pecuniary loss sustained as a result of a misrepresentation …
