By: Jonathan H. Freiberger William Cowper, in his Eighteenth-Century poem “The Task,” coined the phrase “Variety’s the very spice of life.” Today, this phrase is used in many contexts; albeit …
By: Jonathan H. Freiberger Obtaining personal jurisdiction[1] over a defendant is a critical aspect of litigation. There are two components of personal jurisdiction, which the New York Court of Appeals …
By: Jonathan H. Freiberger In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1]Simply stated, armed with …
By: Jeffrey M. Haber A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.”[1] …
By: Jeffrey M. Haber On April 3, 2025, the Appellate Division, First Department considered an appeal of the dismissal of a complaint involving the disputed authenticity of a painting (the …
By: Jonathan H. Freiberger It is axiomatic that a “plaintiff appears [in an action] merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, 185 A.D.3d 1006, 1007 (2nd …
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates …
Obtaining jurisdiction over a corporation that is incorporated and headquartered outside of the state can be difficult. A plaintiff must plead and prove that the corporation purposefully availed itself of …
This Blog has previously written about the equitable estoppel doctrine in the context of the statute of limitations (here). See General Stencils v. Chiappa, 18 N.Y.2d 125, 128 (1966); Zumpano …
Proper service of process is necessary before the court can acquire personal jurisdiction over the defendant to a lawsuit. If service of process is not properly effectuated the court is …
