When is an Essential Fact Not a Fact at All?
- Jul 6 2022
The question above was recently answered by Justice Francois A. Rivera in Reid v. Service, 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) (here). As discussed …
Category: Commercial Litigation
Second Department Tolls Seven Years of Mortgage Interest Due to Lender’s “Unexplained Delay” in the Prosecution of its Foreclosure Action
- Jul 1 2022
By Jonathan H. Freiberger In our January 14, 2022, Blog Article entitled: “Don’t Let Undue Delay Cause You to Lose Your Interest in Interest”, we discussed, inter alia, the court’s …
For Various Reasons, Pre- and Post- Contract Misrepresentations Found To Duplicate Breach of Contract Claim
- Jun 29 2022
By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “[a] cause of action for fraud does not arise …
Second Department Affirms Dismissal of Landlord’s Complaint Finding That Tenant Did Not Breach Lease Because Landlord Failed to Timely Obtain All Necessary Approvals for Landlord Build-out
- Jun 27 2022
By Jonathan H. Freiberger Issues relating to contract interpretation are a frequent subject addressed in this Blog. “The fundamental, neutral precept of contract interpretation is that agreements are construed in …
Failure to Demonstrate Mailing of Invoice Dooms Account Stated Claim
- Jun 22 2022
By: Jeffrey M. Haber It has been more than two years since this Blog has written about the account stated cause of action (here). On June 21, 2022, the Appellate …
Court of Appeals Holds that the Saving Provision of CPLR 205(a) Only Applies Where the Second Action is Brought by the Same Plaintiff or an Estate Representative of the Original Plaintiff as the First Action
- Jun 21 2022
By Jonathan H. Freiberger When an action is timely commenced but gets dismissed, CPLR 205(a) may permit a plaintiff to commence a new action within six months of the dismissal …
COVID-19 and The Doctrines of Frustration of Purpose and Impossibility — Revisited
- Jun 17 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here and here). The doctrine of frustration …
Negotiations and Numerous In-Person Meetings in New York Held Sufficient to Exercise Personal Jurisdiction
- Jun 15 2022
By: Jeffrey M. Haber Obtaining jurisdiction over a corporation that is incorporated and headquartered outside of the state can be difficult. A plaintiff must plead and prove that the corporation …
Whose Law Applies Anyway?
- Jun 8 2022
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
Facts Learned From Deposition Insufficient to Support Motion to Renew
- Jun 6 2022
By: Jeffrey M. Haber It goes without saying that lawyers do not win every motion they make. When that happens, a lawyer can appeal the order or avail himself/herself of …
