SPOLIATION OF EVIDENCE
- Oct 7 2022
By Jonathan H. Freiberger Section 3101 of the CPLR provides that, in general, “there should be full disclosure of all matter material and necessary in the prosecution or defense of …
Category: Commercial Litigation
Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
In a Case of First Impression Amongst New York Appellate Courts, the Appellate Division, Second Department, Determines the Operative Date for Requiring Both Leave of Court and Stipulation of the Parties Before a Claim May be Discontinued Pursuant to CPLR 3217(b) When a Referee is Assigned to “Hear and Report”
- Sep 30 2022
By Jonathan H. Freiberger For any number of reasons, a party asserting a claim or claims in a litigation may decide that it no loner wishes to pursue them. In …
Proof of Default in Residential Mortgage Foreclosures
- Sep 23 2022
By Jonathan H. Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the …
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 …
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. …
