Posts Tagged ‘ Real Estate Litigation ’

Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States Constitution or the Right to Substantive and Procedural Due Process Under the New York Constitution – Part 2.

Dec 12 2025

By: Jonathan H. Freiberger Last Week in our BLOG article: “Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does …

Dec 5 2025

By: Jonathan H. Freiberger Last Week in our BLOG article: “It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA,” we again discussed …

Nov 28 2025

By: Jonathan H. Freiberger oday’s article is about MCLP Asset Co. v. Zaveri, an action that involves numerous areas of the law about which we frequently write — mortgage foreclosure, …

Oct 20 2025

By: Jeffrey M. Haber As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was …

Oct 17 2025

By: Jonathan H. Freiberger Today’s article addresses M & T Bank v. Givens, a case decided on October 15, 2025, by the Appellate Division, Second Department. Givens addresses three issues …

Oct 3 2025

By: Jeffrey M. Haber As readers of this Blog know, we have written about many types of fraud over the years, such as affinity fraud, common law fraud, fraud in the …

Sep 19 2025

By: Jonathan H. Freiberger Today’s article is about Nuruzzaman v. Deutsche Bank Natl. Trust Co., an action that involves numerous areas of the law about which we frequently write — …

Sep 12 2025

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 …

Mar 21 2025

By: Jonathan H. Freiberger Today’s article relates to CPLR 321(c), a topic we have addressed before [here] and [here]. As previously discussed in this BLOG, once an attorney appears[1] and …

Feb 21 2025

By: Jonathan H. Freiberger Seasoned attorneys will get the reference in the title of this article to one of Maxwell Smart’s catch phrases from “Get Smart”, but most of the …

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Posts Tagged ‘ Real Estate Litigation ’

It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA

Failure To Exercise Reasonable Diligence in Real Estate Transaction Undermines Allegation of Justifiable Reliance

CPLR 2004 Extensions, the 90-Day Foreclosure Sale Rule and the Tolling of Interest Accruals

Fraud in the Execution and The Two-Year Discovery Rule

Timing is Everything – CPLR 205(a), CPLR 205-A and FAPA

Primer – Personal Jurisdiction and Service of Process

Improperly “Serving” a Notice to Appoint a New Attorney on Borrower Pursuant to CPLR 321(c), Did Not Serve the Lender Well in a Mortgage Foreclosure Action

“Missed it by That Much” – CPLR 205-A and FAPA