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 the …
By: Jeffrey M. Haber In Tiburcio v. Grant Ave. Bronx Realty Corp., 2025 N.Y. Slip Op. 02669 (1st Dept. May 01, 2025) (here), the Appellate Division, First Department was asked to …
By: Jonathan H. Freiberger Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums …
By: Jeffrey M. Haber In Idi v. Sela, 2025 N.Y. Slip Op. 01890 (1st Dept. Apr. 1, 2025) (here), the Appellate Division, First Department addressed an issue of contract interpretation …
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 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], …
By Jonathan H. Freiberger This BLOG has written numerous times on statutes of limitation issues in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here], [here] and [here]. …
By Jonathan H. Freiberger For a variety of reasons, a party asserting a claim may choose to discontinue same. In such circumstances, CPLR 3217, provides the mechanism to do so. …
