By: Jonathan H. Freiberger Today’s BLOG article concerns CPLR 306-b.[1] As previously explained in prior articles, actions or proceedings (collectively, “Actions”) are commenced by filing the initiatory papers with the …
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure.[1] We have also written numerous articles relating to the recently enacted …
By: Jonathan H. Freiberger Today’s BLOG article relates to Reverse Mortgage Solutions, Inc. v. Miglucci, a mortgage foreclosure action[1] decided by the Appellate Division, Third Department, on October 17, 2024. …
By: Jonathan H. Freiberger A notice of pendency (or lis pendens) is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. …
By: Jonathan H. Freiberger Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG …
By: Jonathan H. Freiberger Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property.[1] As readers of this BLOG know, a “cause of action …
By: Jonathan H. Freiberger Sometimes this BLOG takes an in-depth look at recently decided cases from New York’s appellate courts; other times it simply reports on cases with an interesting …
By Jonathan H. Freiberger In situations where the statute of limitations expires during the pendency of an action, under certain circumstances, CPLR 205(a)1 permits the plaintiff to commence a new …
By Jonathan H. Freiberger Whether a non-existent corporation can enter into a contract is an interesting question. The interesting answer is that sometimes it can. Pursuant to BCL § 403, …
By Jonathan H. Freiberger This BLOG has written numerous times on issues related to statutes of limitation in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here], [here], …
