A Primer on The Components of Personal Jurisdiction
- Oct 30 2024
By: Jeffrey M. Haber In Emirates Islamic Bank PJSC v. NeoPharma LLC, 2024 N.Y. Slip Op. 51461(U) (Sup. Ct., N.Y. County Oct. 4, 2024) (here), Justice Gerald Lebovits addressed an …
Category: Summary Judgment in Lieu of Complaint
Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213
- Aug 2 2024
By: Jonathan H. Freiberger CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in …
Guaranty Provision Referencing “Other Obligations” Held Insufficient To Defeat Motion For Summary Judgment In Lieu Of Complaint
- Jun 10 2024
By: Jeffrey M. Haber Over the years, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Sometimes, the case that we …
Did You Unintentionally Enter Into A Settlement Agreement By Email?
- Oct 20 2023
By Jonathan H. Freiberger This Blog has previously addressed the question of whether a binding settlement can be reached through a series of emails as opposed to a fully integrated …
Guaranty Provision Requiring Some Additional Performance Obligations Held Insufficient to Defeat Motion for Summary Judgment In Lieu of Complaint
- May 3 2023
By: Jeffrey M. Haber In past articles, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Today, we take …
Court finds Merchant Cash Advance Agreement Not to Be an Instrument for The Payment of Money Only
- Oct 26 2022
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, and here). CPLR § 3213 is a procedural mechanism …
Defendant Successfully Raises Issues of Fact in Promissory Note Action Sufficient to Defendant Summary Judgment Under CPLR 3213
- Aug 15 2022
By: Jeffrey M. Haber It is not often that a defendant can defeat a motion for summary judgment under CPLR § 3213. In Landa v. Friedman, 2022 N.Y. Slip Op. …
Settlement Agreement With Installment Payment Plan Held to Be An Instrument For The Payment of Money Only
- Apr 20 2022
By: Jeffrey M. Haber Under well-settled principles, summary judgment in lieu of complaint is available for an instrument for the payment of money only. In considering such a motion, the …
Summary Judgment In Lieu Of Complaint: When Is an Instrument for The Payment of Money Only an Instrument for The Payment Of Money Only?
- Apr 6 2022
By: Jeffrey M. Haber In prior articles, we examined the motion for summary judgment in lieu of complaint under CPLR § 3213. See, e.g., here and here. As explained below, …
Confessions of Judgment By Out-Of-State Residents, Summary Judgment In Lieu of Complaint and Forum Selection Clauses: A Little of This and A Little of That
- Oct 25 2021
By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually …
