Jonathan Freiberger

Freiberger Haber LLP

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Latest Posts › Jurisdiction

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“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

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 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

Death of a Litigant

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

10/15/2024 / Appeals , Borrowers , Devolution , Foreclosure , Jurisdiction , Liability , Mortgages , Substitute Claims

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

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

8/7/2024 / CPLR , Cross Motions , Dispute Resolution , Jurisdiction , Motion for Summary Judgment , Promissory Notes , Service of Process , Settlement Agreements

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