By: Jonathan H. Freiberger Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court’s jurisdiction over the litigant. As explained in prior …
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 In Bardy v. Bonnem, 2025 N.Y. Slip Op. 03698 (2d Dept. June 18, 2025) (here), plaintiff claimed an oral agreement entitled him to purchase a 25% ownership …
By: Jeffrey M. Haber In One River Run Acquisition, LLC v. Milde, 2025 N.Y. Slip Op. 03653 (1st Dept. June 17, 2025) (here), the Appellate Division, First Department reinstated counterclaims for …
By: Jonathan H. Freiberger Generally speaking, a party is bound by the terms of a contract[1] to which it is a party. Wu v. Uber Technologies, Inc., 2024 WL 4874383 …
By: Jeffrey M. Haber In Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 N.Y. Slip Op. 03291 (1st Dept. June 03, 2025) (here), the Appellate Division, First Department addressed various …
By: Jeffrey M. Haber It is well settled that the parties to an agreement may freely select any forum to resolve any disputes regarding the interpretation or performance of the …
By: Jeffrey M. Haber On July 8, 2019, this Blog wrote an article titled, “First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims” …
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 …
