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Assignment of Membership Interests . . . Always Check the Operating Agreement and The LLC Law
In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests in a limited liability company.

Jeffrey Haber
Dec 1, 20256 min read


It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA
Today’s article is about MCLP Asset Co. v. Zaveri, an action that involves numerous areas of the law about which we frequently write -- mortgage foreclosure, FAPA, CPLR 205(a), CPLR 205-A and statutes of limitation.

Jonathan Freiberger
Nov 28, 20257 min read


Enforcement News: SEC Charges Founders and Their Two Companies with Fraud in $237 Million Preferred Equity Offering
By: Jeffrey M. Haber On November 18, 2025, the Securities and Exchange Commission (“SEC” or “Commission”) announced that, on October 16, 2025, it charged Joshua Wander (“Defendant A”), Steven Pasko (“Defendant B”), and two companies that they founded, co-managed, and controlled—777 Partners LLC and 600 Partners LLC—with defrauding investors while raising approximately $237 million. The Commission also charged Damien Alfalla (“Defendant C”), the companies’ former Chief Finan

Jeffrey Haber
Nov 26, 20254 min read


Defamation Per Se and Defamation by Implication: Meeting the Heightened Pleading Standard
In today’s article, we explore New York’s heightened pleading standard for defamation per se and defamation by implication.

Jeffrey Haber
Nov 24, 20257 min read


Supreme Court, Kings County, Holds That A Settlement Conference RJI Fails to Satisfy the “Take Proceedings” Requirement of CPLR 3215(c) Necessary to Avoid Dismissal
On October 31, 2025, the Supreme Court, Kings County, decided loanDepot.com LLC v. Ortner, a case addressing the meaning of the “taking proceedings” requirement of CPLR 3215(c).

Jonathan Freiberger
Nov 21, 20255 min read


Proposed Amendment to Prayer for Relief Based on Unrealized Profits Incurred as a Result of Alleged Fraud Violates the Out-Of-Pocket Damages Rule
In Sire Spirits, LLC v. Beam Suntory, Inc., 2025 N.Y. Slip Op. 06297 (1st Dept. Nov. 18, 2025), the Appellate Division, First Department affirmed the denial of a motion to amend a complaint seeking damages for “diminution of enterprise value” due to the alleged fraud.

Jeffrey Haber
Nov 19, 20258 min read


Vacating an Arbitration Award is an Uphill Battle
By: Jeffrey M. Haber In Allen v. Fidelity Brokerage Servs. LLC , 2025 N.Y. Slip Op. 34169(U) (Sup. Ct., N.Y. County Oct. 30, 2025), plaintiff, the representative of her son’s estate, sought to vacate a FINRA arbitration award after claims alleging negligent oversight of speculative options trading were denied. The arbitration panel imposed $25,000 in sanctions for violating FINRA Rule 12209 by filing a parallel court action. Plaintiff argued the panel exceeded its authority

Jeffrey Haber
Nov 17, 20257 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


Breach of Fiduciary Duty: Issues of Fact and The Continuous Wrong Doctrine
In today’s article, we examine Hofman v. Braun, 2025 N.Y. Slip Op. 34102(U) (Sup. Ct., N.Y. County Oct. 24, 2025), a case addressing the statute of limitations for a breach of fiduciary duty claim and the continuous wrong doctrine.

Jeffrey Haber
Nov 10, 20257 min read
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