Settlement By Email – Timing is Everything
- Nov 10 2021
By: Jeffrey M. Haber In today’s article, we consider a case in which, as the title indicates, timing is everything. Before we discuss the case, let’s consider the following scenario. …
Category: Commercial Litigation
Court Rejects Application of Res Judicata and Collateral Estoppel To Retaliation Claim Purportedly Decided By State and Federal Courts
- Nov 8 2021
By: Jeffrey M. Haber The doctrines of res judicata and collateral estoppel embody related but distinct concepts. They both stand for the general proposition that a party to a litigation …
Referees to Compute in Mortgage Foreclosure Actions
- Nov 5 2021
By Jonathan H. Freiberger When a borrower borrows money from a lender the repayment obligation is evidenced by a promissory note signed by the borrower and delivered to the lender. …
Contracts that Say What They Mean, Mean What They Say
- Nov 1 2021
By: Jeffrey M. Haber In New York, contracts are to be construed in accordance with the parties’ intent.1 “The best evidence of what parties to a written agreement intend is …
First Department Holds Buyer is not Entitled to the Return of her Down Payment on Real Estate Contract Because the Written Agreements Establish a Defense “Founded Upon Documentary Evidence” Pursuant to CPLR 3211(a)(1)
- Oct 29 2021
By Jonathan H. Freiberger Defaults by a party to a real estate contract, whether a purchaser or a seller, are a fruitful source of litigation. Among other remedies available to …
Confessions of Judgment By Out-Of-State Residents, Summary Judgment In Lieu of Complaint and Forum Selection Clauses: A Little of This and A Little of That
- Oct 25 2021
By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually …
New York Court of Appeals Holds That Registering to Do Business Does Not Confer General Jurisdiction Over a Foreign Corporation
- Oct 18 2021
By Jeffrey M. Haber In Aybar v. Aybar, 2021 N.Y. Slip Op. 05393 (Oct. 7, 2021) (here), the New York Court of Appeals was asked to determine whether a foreign …
The First Department Reiterates the “Strict Nature” of “Notice -to-Cure” Provisions in Construction Contracts
- Oct 13 2021
By Jonathan H. Freiberger Many contracts contain provisions requiring that in the event of a default, one party must provide to the other notice of the purported default and an …
First Department Holds Letter Agreement with Releases, Disclaimers and Waivers of Information Bars Fraud-Based Claims
- Oct 6 2021
By: Jeffrey M. Haber In prior articles, we discussed the impact a disclaimer clause in a contract can have on a fraud claim. See, e,g., here. Namely, a disclaimer clause can …
Contract Reformation: Mutual Mistake or A Scrivener’s Error
- Oct 4 2021
By: Jeffrey M. Haber As a general matter, when a contract fails to conform to the agreement between the parties due to the mutual mistake of the parties however induced, or …
