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By Jonathan H. Freiberger Regular readers of this Blog are familiar with Bank of America, N.A. v. Kessler , 202 A.D.3d 10 (2021)(“ Kessler ”), a case about which we have previously written < here ,=">here</a>," here=">here</a>"> and which addresses the pre-foreclosure notice requirements of RPAPL 1304 (a topic that is a frequent subject of this Blog – see < here =">here</a>"> and the articles linked therein).  Briefly, as noted in prior Blog articles, RPAPL 1304 requires

By Jonathan H. Freiberger Section 3025 of the CPLR permits litigants to amend their pleadings.  Without leave of court, a party can amend a pleading once, as of right, “within twenty days after its service, or at any time before the period for responding to it expires, or within twenty days after service of a pleading responding to it.”  CPLR 3025(a).   After the expiration of the “as of right” time to amend pleadings, a party can seek the court’s permission (or all parties

By: Jeffrey M. Haber New York “favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties”. 1 Under the Federal Arbitration Act, “‘questions of arbitrability must be addressed with a healthy regard for the federal policy ... any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.’” 2 Thus, “where the contract contains an arbitration clause, there is a presumption of a

By: Jeffrey M. Haber It is common to include a notice provision in commercial contracts and instruments, such as a loan, promissory note or guaranty. Notice provisions identify the party to whom written notice is to be given and specify the required method and means for delivery of written notice under the contract or instrument. Sometimes, the provision will require the parties to update the provision to account for changes to his or her contact information. As shown in Huds

By: Jeffrey M. Haber The disclosure of related-party transactions is an important part of a company’s corporate governance and financial statements. It provides transparency as to how the entity’s financial position and financial performance may be affected by transactions with related parties. 1 The definition of a related party is not limited. A related party may be someone who has direct or indirect control (including common control), joint control or significant influence

By: Jeffrey M. Haber It is not often that a defendant can defeat a motion for summary judgment under CPLR § 3213. In Landa v. Friedman , 2022 N.Y. Slip Op. 32673(U) (Sup. Ct. N.Y. County Aug. 5, 2022) (here), however, that is exactly what happened. See,  e.g. ,="<em>See</em>,&nbsp;<em>e.g.</em>," here,  here and  here.=">here</a>."> Under CPLR § 3213, a plaintiff may seek summary judgment in lieu of a complaint “ hen action is based upon an instrument for the payment of mone

By:  Jeffrey M. Haber “Understanding what investors value and look for in a financial adviser is critical to both the client’s and adviser’s success.” 1 One factor investors consider is reputation. For an adviser, a good reputation can be a valuable tool. It can be used to attract new clients and generate revenue. But, it can also undermine an advisor’s business in complex litigation. Indeed, there are many circumstances that can negatively impact an adviser’s reputation (

By:  Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or jury in a court of law. 1 In business and commercial transactions, arbitration is the preferred means of resolving disputes. It is encouraged and recognized as the public policy of the State of New York. 2 For this reason, “New York courts interfere as little as p

By:  Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 ( See here ,  here , and here ).  Because the Covid-19 pandemic and these doctrines continue to work their way through the courts, we do so again today.  In McLearen Square Shopping Center Herndon, Va. L.P. v. BadaNara, LLC , the plaintiff, a commercial landlord, brought suit against defendant BadaNara, LLC (“BadaNara”) 1 an