Issues of Fact Surround Application of Business Judgment Rule
- Feb 5 2025
By: Jeffrey M. Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before it. In commercial matters, choice of law contract …
By: Jeffrey M. Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before it. In commercial matters, choice of law contract …
By: Jonathan H. Freiberger As discussed in prior BLOG articles, potential clients frequently inquire about the ability to recoup legal fees in the event of litigation.[1] Certainly, a litigant’s ability …
By: Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
By: Jeffrey M. Haber We have written frequently about the substance and scope of general releases.[1] In New York, “a valid release constitutes a complete bar to an action on a …
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently address issues involving mortgage foreclosure, generally, and notices of pendency, specifically.[1]Today’s article involves both issues with a sprinkle …
By: Jeffrey M. Haber In New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that …
By: Jeffrey M. Haber In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud …
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently address issues involving mortgage foreclosure and usury.[1] Today’s article involves both issues. By way of background, and as …
By: Jeffrey M. Haber In Hobish v. AXA Equit. Life Ins. Co., 2025 N.Y. Slip Op. 00183 (Jan. 14, 2025) (here), the New York Court of Appeals addressed the question of …
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege, the common interest doctrine, and the attorney work product doctrine.[1] Today, we take another opportunity to …