Jonathan Freiberger on Appellate Courts

“Variety is the Spice of Life” — Service of Process under CPLR 308(4)

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 not so frequently when discussing service of process under...more

11/10/2025 / Appellate Courts , CPLR , Due Process , Judicial Authority , Jurisdiction , New York , Personal Jurisdiction , Rules of Civil Procedure , Service of Process , Statutory Interpretation

Primer – Personal Jurisdiction and Service of Process

By: Jonathan H. Freiberger Obtaining personal jurisdiction over a defendant is a critical aspect of litigation. There are two components of personal jurisdiction, which the New York Court of Appeals has succinctly described...more

9/15/2025 / Appellate Courts , Commercial Litigation , New York , Personal Jurisdiction , Service of Process

Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with...

This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of...more

8/25/2025 / Appellate Courts , Commercial Litigation , Evidence , Foreclosure , Homeowners , Mortgage Lenders , Mortgage Servicers , Mortgages , Recordkeeping Requirements , Summary Judgment

The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and...

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 a money judgment, a judgment creditor can employ numerous...more

8/11/2025 / Appellate Courts , CPLR , Default Judgment , Enforcement Actions , Full Faith and Credit Clause , Judicial Authority , Jurisdiction , Personal Jurisdiction , Post-Judgment Enforcement Actions , Summary Judgment

The Relation Back Doctrine and Statutes of Limitation in Mortgage Foreclosure Actions

Today’s BLOG deals with the “Relation Back Doctrine” (the “Doctrine”), which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant...more

8/4/2025 / Appellate Courts , Borrowers , Commercial Litigation , Foreclosure , Limited Liability Company (LLC) , Mortgages , Motion to Amend , Notice Requirements , Relation Back Doctrine , Statute of Limitations

The Second Department Holds That Lender Cannot Use CPLR 3215(c) to Avoid Dismissal of Foreclosure Action Despite Death of Borrower

Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more

5/13/2025 / Appellate Courts , Borrowers , CPLR , Default Judgment , Dismissals , Foreclosure , Jurisdiction , Lenders , Mortgages , New York

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

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

Jonathan Freiberger

Freiberger Haber LLP

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