By: Jonathan H. Freiberger Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most …
By: Jeffrey M. Haber In Lopez v. O’Sullivan, 2025 N.Y. Slip Op. 32178(U) (Sup. Ct., Suffolk County) (here), the court declined to dismiss fraud claims, among others, finding that plaintiff sufficiently …
By: Jeffrey M. Haber A contract is an agreement between two or more parties to do something (e.g., provide goods or services) in exchange for a benefit. When one or more …
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
By: Jeffrey M. Haber To state a claim for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by …
By: Jeffrey M. Haber In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the …
By: Jeffrey M. Haber In Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 N.Y. Slip Op. 01317 (1st Dept. Mar. 11, 2025) (here), the Appellate Division, First …
Commercial transactions by their nature involve contracts. Sometimes, the parties involved in such transactions will dispute the meaning of their agreement. It may be that the language used is ambiguous; …
Statutes of limitations limit the duration of a defendant’s liability for all types of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitation period will find the …
Commercial contracts typically include a liquidated damages provision that allows for the payment of a predetermined amount of damages in the event of a breach by one of the parties. …
