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By Jonathan H. Freiberger This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those related specifically to limitations periods ( see, e.g., < here =">here</a>"> , < here =">here</a>"> , < here =">here</a>"> , < here =">here</a>"> and < here =">here</a>"> .  As to the limitations period relevant to mortgage foreclosure actions, we have previously written that: An action to foreclose a mortgage is governed by a six-year statute

The question above was recently answered by Justice Francois A. Rivera in Reid v. Service , 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) ( here ). As discussed below, the alleged fact – a claimed misrepresentation – was only an allegation, refuted by the undisputed facts of the case. Reid involved the administration by defendant over the Estate of Edgar Reid, Sr. (the “Estate”). Defendant had been granted limited letters of administration by the Kings Cou

By: Jeffrey Haber As we have noted in prior articles, fraudulent schemes come in many forms. One type of fraud that has gained favor among the unscrupulous involves cryptocurrency: in particular, using cryptocurrency as an investment platform. Unbeknown to investors – at least, until it is too late –these investment opportunities are both a Ponzi scheme and a Pyramid scheme at the same time.  On May 13, 2022, the Commodity Futures Trading Commission (“CFTC”) announced ( here

By Jonathan H. Freiberger In our January 14, 2022, Blog Article entitled: “ Don’t Let Undue Delay Cause You to Lose Your Interest in Interest ”, we discussed, inter alia , the court’s discretion in the calculation of the amount of interest due to a lender in a mortgage foreclosure actions.  Regarding the court’s equitable powers, we stated: CPLR 5001(a) provides, in relevant part that “in an action of an equitable nature, interest and the rate and date from which it shall be

By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “ cause of action for fraud does not arise when the only fraud charged relates to a breach of contract.” 1 “To plead a viable cause of action for fraud arising out of a contractual relationship, the plaintiff must allege a breach of duty which is collateral or extraneous to the contract between the parties.” 2 A plaintiff must also allege that the reco

By Jonathan H. Freiberger Issues relating to contract interpretation are a frequent subject addressed in this Blog.  “The fundamental, neutral precept of contract interpretation is that agreements are construed in accord with the parties’ intent and the best evidence of what the parties to a written agreement intend is what they say in their writing.”  Henrich v. Phazar Antenna Corp. , 33 A.D.3d 864, 866-67 (2 nd Dep’t 2006) (citations, internal quotation marks and brackets

By: Jeffrey M. Haber On June 5, 2019, the Securities and Exchange Commission (“SEC” or the “Commission”) adopted “Regulation Best Interest” or “Reg BI”. 1 In connection with adoption of the regulation, the SEC issued a 175-page release in which it offered guidance on how the Commission interprets Reg BI. 2 The regulation established a standard of conduct for broker-dealers and associated persons when they recommend securities transactions to retail customers. Reg BI is inte

By: Jeffrey M. Haber It has been more than two years since this Blog has written about the account stated cause of action ( here ). On June 21, 2022, the Appellate Division, First Department gave us the opportunity to do so again. Hess 938 St. Nicholas Judgment LLC v. 936-938 Cliffcrest Hous. Dev. Fund Corp. , 2022 N.Y. Slip Op. 03989 (1st Dept. June 21, 2022) ( here ). “An account stated is an agreement between parties to an account based upon prior transactions between them

By Jonathan H. Freiberger When an action is timely commenced but gets dismissed, CPLR 205(a) may permit a plaintiff to commence a new action within six months of the dismissal notwithstanding the expiration of the limitations period.  here,=">here</a>," and="and" the="the" introduction="introduction" to="to" this="this" article="article" is="is" taken="taken" our="our" former="former" article.="article.">   CPLR 205(a) provides: New action by plaintiff. If an action is timel