Freiberger Haber LLP

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425 Broadhollow Road
Suite 416
Melville, New York 11747, United States
Phone: (631) 282-8985
Fax: (631) 390-6944
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
Locations
Other U.S. Locations
  • New York
Number of Attorneys
2-10 Attorneys

In Pari Delicto … What Does That Mean?

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a party…more
 /  Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Criminal Law, Business Torts

The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions

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
 /  Civil Procedure

Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action

In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction of…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Professional Malpractice

Intent is Important in Determining Third-Party Beneficiary Status

“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts

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
 /  Civil Procedure, Commercial Law & Contracts

The Relation-Back Doctrine Under CPLR 203(c) and (f)

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to a…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts

Courts Will Not Assist An Effort To Enforce An Illegal Contract

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 Bonilla…more
 /  Civil Procedure, Commercial Law & Contracts

Enforcement News: SEC Charges Bank With Misleading Investors About The Strength Of Its BSA/AML Compliance Program And Its Monitoring of Crypto Customers

The Currency and Foreign Transactions Reporting Act, also known as the “BSA,” enacted in 1970, established requirements for record-keeping and reporting by banks and other financial institutions. The BSA is designed to, among…more
 /  Finance & Banking, Securities Law

Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process

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
 /  Civil Procedure, Real Estate - Residential

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged and…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Professional Malpractice

Fraud Notes: Two Cases and The Examination of Scienter

To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The allegations…more
 /  Business Torts, Civil Procedure

Personal Jurisdiction and the Vacatur of Defaults

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
 /  Civil Procedure

New York City Sparkies Beware – Be Licensed or be Square

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
 /  Civil Procedure, Commercial Law & Contracts, Construction Law

Breach of Contract Claim Sustained Where Plaintiff Offered a Facially Reasonable Reading of The Contract

The foundation of virtually every business and commercial transaction is a contract. It is difficult to imagine a transaction for the purchase or sale of goods, the merger or acquisition of a business, or the provision of…more
 /  Commercial Law & Contracts

Enforcement News: SEC Files Complaint in Connection with a $300 Million Ponzi Scheme and Affinity Fraud

By: Jeffrey M. Haber On many occasions, we have written about Ponzi schemes that have been the subject of enforcement actions brought by, and/or settlements with, the Securities and Exchange Commission (“SEC” or the…more
 /  Consumer Protection, Finance & Banking, Securities Law
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