CPLR 1015(a) and the Death of a Party
- Sep 29 2021
By: Jeffrey M. Haber Litigation can be a long and drawn-out process. Indeed, it is not uncommon for lawsuits to go on for years before they reach their conclusion. Sometimes during …
Category: Commercial Litigation
The Importance of Complying With Court Orders
- Sep 27 2021
By: Jeffrey M. Haber Default judgments are a part of litigation. In New York, a default judgment may be entered “[w]hen a defendant has failed to appear, plead or proceed to …
Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304
- Sep 24 2021
By Jonathan H. Freiberger This Blog frequently analyzes residential mortgage foreclosure issues. See, e.g., [here] and the articles hyperlinked therein. As relates specifically to today’s article, we have frequently focused …
Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371
- Sep 20 2021
By Jonathan H. Freiberger Mortgages are commonly delivered to lenders as security for the repayment of financial obligations, which, in many cases, are evidenced by promissory notes. If borrower defaults, …
Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490
- Sep 3 2021
By Jonathan H. Freiberger The New York City Council promulgated rules to, inter alia, protect consumers from debt collection agencies (see Title 20, Chapter 2, Subchapter 30 of the New …
The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2
- Aug 27 2021
By Jonathan H. Freiberger Last week this Blog examined WFE Ventures, Inc. v. GBD Lake Placid, LLC, decided on August 12, 2021, by the Appellate Division, Third Department, which addressed …
Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language
- Aug 23 2021
By Jeffrey M. Haber When a party releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the …
The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water
- Aug 20 2021
By Jonathan H. Freiberger On August 12, 2021, the Appellate Division, Third Department, decided WFE Ventures, Inc. v. GBD Lake Placid, LLC, a multi-faceted construction litigation. Today’s article, however, will …
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 …
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 …
