Trivial Breaches and Form Over Substance
- Apr 29 2025
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
Category: Condition Precedent
New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period
- Dec 2 2024
By: Jeffrey M. Haber In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of …
Mortgage Foreclosure Complaint Dismissed, and Mortgage Discharged, As Time-Barred
- Jun 11 2021
This BLOG has written extensively on issues related to residential mortgage foreclosure including, but not limited to: the notice requirements of RPAPL 1304 [HERE], [HERE], [HERE], [HERE], [HERE], [HERE] and …
SECOND DEPARTMENT RECONCILES TWO “SEEMINGLY CONTRADICTORY” PROVISIONS IN COMMERCIAL LEASE SO AS TO GIVE EFFECT TO BOTH
- Dec 11 2020
The New York Court of Appeals has described as “familiar and eminently sensible,” the proposition of law “that, when parties set down their agreements in a clear, complete document, their …
