NY1’s Mornings on 1 Interviews Jonathan Freiberger
- Jan 3 2025
Melville, NY January 3, 2025 – On January 3, 2025, Freiberger Haber LLP partner Jonathan H. Freiberger was interviewed by Pat Kiernan, on NY1’s Mornings on 1 news broadcast. Mr. …
Category: Injunctive Relief
FOURTH DEPARTMENT HOLDS THAT PRELIMINARY INJUNCTIVE RELIEF IS NOT AVAILABLE FOR BREACH OF A CONTRACT WITH A LIQUIDATED DAMAGES CLAUSE BECAUSE CONTRACTUAL MONETARY DAMAGES UNDERMINES THE “IRREPARABLE HARM” ELEMENT
- May 6 2020
Article 63 of New York’s Civil Practice Law and Rules (“CPLR”) governs, inter alia, the provisional remedy of the preliminary injunction. Thus, CPLR 6301 provides, in relevant part: Grounds for …
Second Department Finds Laches Defense Applicable in Building Permit Dispute between Neighbors
- Jun 7 2019
In Henry VI, William Shakespeare wrote, “[d]efer no time, delays have dangerous ends” – a quote apropos to a discussion of laches. “The doctrine of laches is an equitable doctrine …
FOLLOW-UP – THE NEW YORK COURT OF APPEALS AFFIRMS THE APPELLATE DIVISION, SECOND DEPARTMENT’S, ENFORCEMENT OF WAIVER OF DECLARATORY RELIEF IN COMMERCIAL LEASE RESULTING IN THE DENIAL OF TENANT’S YELLOWSTONE INJUNCTION APPLICATION
- May 10 2019
FOLLOW-UP – THE NEW YORK COURT OF APPEALS AFFIRMS THE APPELLATE DIVISION, SECOND DEPARTMENT’S, ENFORCEMENT OF WAIVER OF DECLARATORY RELIEF IN COMMERCIAL LEASE RESULTING IN THE DENIAL OF TENANT’S YELLOWSTONE …
Commercial Tenants Must Remain Aware Of Yellowstone Injunctions
- Dec 1 2017
Yellowstone injunctions got their name from First National Stores, Inc. v. Yellowstone Shopping Center, Inc., 21 N.Y.2d 630, 290 N.Y.S.2d 721 (1968). A commercial tenant that is faced with the …
