Whose Law Applies Anyway?
- Jun 8 2022
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
By Jonathan H. Freiberger On May 24, 2022, the New York Court of Appeals decided Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., and held that …
By Jonathan H. Freiberger Statute of limitations issues frequently arises in mortgage foreclosure actions. This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those …
By Jonathan H. Freiberger In this Blog’s article entitled: “Revive a Time-Barred Claim Using § 17-101 of New York’s General Obligations Law,” we discussed the general purpose of statutes of …
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE] and [HERE]. The background discussion in today’s Blog …
It is an understatement to say that the impact of the COVID-19 pandemic on all aspects of life was far reaching. This Blog has written numerous articles specifically addressing the …
In today’s Fraud Notes, we examine Bullen v. CohnReznick, LLP (1st Dept. May 27, 2021) (here), and Sabourin v. Chodos, (1st Dept. May 27, 2021) (here), both decided by the …
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — …
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …