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Civil Practice Rules


Fraudulent Inducement Is Not a Do-Over: Emails, Merger Clauses, and Justifiable Reliance
In today’s article, we examine the elements and heightened pleading requirements for fraudulent inducement claims under New York law, with a focus on the justifiable reliance element.

Jeffrey Haber
Mar 307 min read


Breach of a Demand Promissory Note Claim Accrues When Demand for Payment Is Made
By: Jeffrey M. Haber In Minihane v. Brown , 2026 N.Y. Slip Op. 01505 (2d Dept. Mar. 18, 2026), the Appellate Division, Second Department, addressed when the statute of limitations begins to run on a demand promissory note. The defendant borrowed $19,000 pursuant to a note that provided repayment was due only upon written demand, which could be made no earlier than January 1, 2015. Although the lender did not make a demand until September 2023, the borrower argued that the six

Jeffrey Haber
Mar 227 min read


Fraud: Assignment of Claims, Statute of Limitations, and Disclaimers
In BH 336 Partners LLC v. Sentinel Real Estate Corp., 2026 N.Y. Slip Op. 00305 (1st Dept. Jan. 22, 2026), the Appellate Division, First Department, modified an order denying in part a motion to dismiss a complaint containing fraud and fraudulent‑inducement claims arising from Plaintiffs’ purchases of five Manhattan buildings.

Jeffrey Haber
Jan 2512 min read


Appellate Division, Third Department, Issues Monetary Sanctions against Attorney for Misuse of GenAI in the “First Appellate Level Case In New York” To Do So
Artificial Intelligence (“AI”) and Generative Artificial Intelligence (“GenAI”) are all the rage these days.

Jonathan Freiberger
Jan 165 min read


Res Judicata: Whether a Nonparty to a Prior Action is In Privity with The Prior Action
In Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 N.Y. Slip Op. 00080 (1st Dept. Jan. 13, 2026), the Appellate Division, First Department, affirmed the dismissal of a complaint under CPLR 3211(a)(5) based on res judicata.

Jeffrey Haber
Jan 148 min read


The Second Department Holds, in a Case of First Impression in The Department, That the Failure to Comply with the Soldiers’ and Sailors’ Relief Act When Seeking a Default Judgment ...
In Tri-Rail, the Court decided a “question which has not been directly addressed” in the Second Department involving the impact of non-compliance with the Servicemembers Civil Relief Act (f/k/a the Soldiers’ and Sailors’ Civil Relief Act) (the “Act”) on obtaining a default judgment.

Jonathan Freiberger
Nov 14, 20254 min read
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