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By:  Jeffrey M. Haber A Ponzi scheme is an investment scam that induces people to invest money in a business or investment vehicle with promises of high returns and minimal risk. Rather than earning profits through actual investments or legitimate business operations, the scheme functions by paying early investors with money contributed by new or repeat participants. The name of the fraud comes from Charles Ponzi, who infamously ran such a scheme in the early 1900s. A Ponzi

By: Jonathan H. Freiberger Today’s article relates to summary judgment in lieu of complaint pursuant to CPLR 3213 , which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served with such motion papers shall require the defendant to submit answering papers on th

By:  Jeffrey M. Haber In Wilburger v. Ava Labs, Inc. , 2025 N.Y. Slip Op. 51072(U) (Sup. Ct., N.Y. County July 3, 2025) ( here ), plaintiff sued defendant for breach of contract, unjust enrichment, and fraudulent inducement related to unpaid compensation for services rendered under an Independent Contractor Agreement. Plaintiff alleged that he worked over 2,300 hours between 2019 and 2023, including tasks beyond the scope of the agreement, and was promised payment in AVAX cry

By:   Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time the plaintiff discovered or could have discovered the fraud with reasonable diligence, whichever is greater. The cause of action accrues when “every element of the claim, including injury, can truthfully be alleged”, “even though the injured party may be ignorant of the existence of the wrong or inj

By:   Jeffrey M. Haber On June 26, 2025, the Securities and Exchange Commission (SEC”) announced ( here ) that it charged a Manchester, New Hampshire resident, Robynne Alexander, a real estate investment coach and real estate investment coach, with defrauding investors through real estate investment schemes resulting in losses of at least $3 million. According to the complaint filed by the SEC ( here ), from 2018 through 2024, defendant solicited investors to buy securities i

By:  Jeffrey M. Haber In today’s article, we discuss how courts interpret arbitration clauses in contracts by focusing on  Perle Tech. Inc. v. United Apollo Intl. Inc. , a case recently decided in Supreme Court , Kings County. Despite the use of the word “may” in the arbitration clause, the court held that arbitration was mandatory, not permissive, due to other contract provisions indicating clear intent to arbitrate. The decision underscores the point that under New York la

By: Jonathan H. Freiberger This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. One particular area that has been the subject of numerous articles is RPAPL 1304 . By way of brief background, and as addressed in numerous prior BLOG articles, the Second Department has stated that an “RPAPL 1304 notice is a notice pursuant to the Home Equity Theft Prevention Act ( Real Property Law § 265-a ), the underlying purpose of which is to a

By:  Jeffrey M. Haber In Lopez v. O’Sullivan , 2025 N.Y. Slip Op. 32178(U) (Sup. Ct., Suffolk County) ( here ), the court declined to dismiss fraud claims, among others, finding that plaintiff sufficiently stated a claim for such relief against the defendants. The court determined that plaintiff provided detailed allegations of misrepresentations made by defendants, which induced him to enter into transactions that ultimately deprived him of ownership of his property. In doin

By:  Jeffrey M. Haber In Bardy v. Bonnem , 2025 N.Y. Slip Op. 03698 (2d Dept. June 18, 2025) ( here ), plaintiff claimed an oral agreement entitled him to purchase a 25% ownership interest in a drive-thru coffee business in exchange for developing it. The agreement was allegedly based on a November 13, 2016 email offer, orally accepted three days later. Plaintiff allegedly performed substantial work without compensation, relying on the agreement. When the business succeeded,