When a Filing is Not a Filing
- Aug 20 2025
By: Jeffrey M. Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. …
Category: Commercial Litigation
Plaintiff’s Allegations and Records Show Its Claim Was Time Barred
- Aug 18 2025
By: Jeffrey M. Haber In Southgate Owners Corp. v. Esposito, 2025 N.Y. Slip Op. 32750(U) (Sup. Ct., N.Y. County July 24, 2025) (here), plaintiff sued defendant, a shareholder in its cooperative …
Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)
- Aug 15 2025
By: Jonathan H. Freiberger Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most …
Fraud Notes: The Discovery Rule for Fraud and The Failure to Articulate a False Statement
- Aug 13 2025
By: Jeffrey M. Haber In today’s fraud notes, we examine two cases: K.M. v. Ursuline School of New Rochelle, 2025 N.Y. Slip Op. 04643 (2d Dept. Aug. 13, 2025) (here), and …
The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and Domesticate a Foreign Judgment Entitled to Full Faith and Credit
- Aug 8 2025
By: Jonathan H. Freiberger In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1]Simply stated, armed with …
Release in Settlement Agreement Bars Class Action To Recover Damages For Certain Rent Overcharges
- Aug 4 2025
By: Jeffrey M. Haber This Blog has written frequently about the substance and scope of general releases.[1] In New York, “a valid release constitutes a complete bar to an action …
The Relation Back Doctrine and Statutes of Limitation in Mortgage Foreclosure Actions
- Aug 1 2025
By: Jonathan H. Freiberger Today’s BLOG deals with the “Relation Back Doctrine” (the “Doctrine”)[1], which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate …
The Second Department Explains the Difference Between a Brokerage Agreements Granting an “Exclusive Right to Sell” and an “Exclusive Agency”
- Jul 25 2025
By: Jonathan H. Freiberger Folks enter into brokerage agreements all the time. The most familiar situation involving brokerage agreements are those related to the sale of real property. Litigation over …
Complaint Dismissed On Forum Non Conveniens Grounds Because New York Did Not Have A Substantial Nexus To The Alleged Fraud
- Jul 21 2025
By: Jeffrey M. Haber Forum non conveniens is a common law doctrine in which a court may dismiss an action where another forum would be better suited to adjudicate the …
Execution of Two Stipulations Proves Fatal to Defendant’s Motion for Relief Under CPLR 317
- Jul 18 2025
By: Jonathan H. Freiberger Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court’s jurisdiction over the litigant. As explained in prior …
