Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more
Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more
11/4/2024
/ Affirmative Action ,
Appeals ,
Appellate Courts ,
Banking Sector ,
Borrowers ,
Counterclaims ,
Foreclosure ,
Mortgages ,
Predatory Lending ,
Statute of Limitations ,
Summary Judgment
Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG article, we address the problems that may arise when a litigant dies. This BLOG...more
Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more
Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or if that cannot be equitably done, to be sold for the...more
This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more
Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...more
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 pertinent part:
When an action is based upon an...more
By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more
7/22/2024
/ Breach of Contract ,
Contract Terms ,
Enforcement ,
Fraud ,
Illegal Contracts ,
Legal Fees ,
New York ,
Purchase Agreement ,
Reversal ,
Tax Avoidance ,
Unjust Enrichment
By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more
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 due process...more
This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more
This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more
Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more
12/12/2023
/ Affirmative Defenses ,
Breach of Contract ,
Business Closures ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Dismissals ,
Eviction ,
Forbearance Agreements ,
Frustration of a Common Purpose ,
Landlords ,
Moratorium ,
Rent ,
Summary Judgment ,
Supply Chain ,
Tenants
Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more
12/7/2023
/ Breach of Contract ,
Commercial Property Owners ,
Contract Terms ,
Coronavirus/COVID-19 ,
CPLR ,
Damages ,
Deeds ,
Dismissals ,
Fair Market Value ,
Mortgages ,
Wills ,
Written Notice
Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff is required to serve the defendant(s) with process – the event by which...more
9/28/2023
/ Business Entities ,
Complaint Procedures ,
CPLR ,
Filing Requirements ,
Judgment on the Merits ,
Limited Liability Company (LLC) ,
Limited Partnerships ,
Money Judgment ,
Negotiations ,
Partnerships ,
Personal Jurisdiction ,
Service of Process ,
Summons ,
Vacated
Generally, folks borrow money to purchase real property. Such loans are typically secured by a mortgage on the property being purchased. The mortgage, when filed with the clerk of the county in which the property is...more
By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability. [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber LLP’s founding members,...more
On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite some time involving 22 N.Y.C.R.R. §202.48 – “Submission of orders,...more
Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”.
“In the absence of a contravening public policy, exculpatory provisions...more
Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. By way of background, and as previously noted in the Blog, RPAPL 1304 requires that at least...more
7/10/2023
/ Borrowers ,
Consumer Financial Products ,
Evidentiary Standards ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Summary Judgment
Today’s Blog involves motions to renew and reargue and successive motions for summary judgment.
When a motion is denied, a movant has several options. One can accept the loss and move on. An appeal can also be pursued. ...more