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
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
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
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
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
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
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
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