All Posts

By:  Jeffrey M. Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC , 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) ( here ), BLDG 44 Developers LLC sued Pace Companies New York, LLC for breach of contract, seeking approximately $16 million in consequential damages related to delays in a construction project on E. 44th Street, New York, N.Y. BLDG, the project owner, was a third-party beneficiary to a subcontract between Pace and Noble Construction G

By:  Jeffrey M. Haber In Finkelstein v. U.S. Bank, N.A. , 2025 N.Y. Slip Op 32882(U) (Sup. Ct., July 30, 2025) ( here ), plaintiff alleged that he was underpaid on his investment in a residential mortgage-backed securities (“RMBS”) trust due to the improper exercise of termination rights by the trust’s servicers. Plaintiff claimed they excluded deferred principal and interest balances from the termination price, repackaged the remaining loans, and profited from new trusts. Th

By: Jonathan H. Freiberger This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of brief background, and as has been previously discussed, 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 purpo

By:  Jeffrey M. Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal , 2025 N.Y. Slip Op. 32804(U) (Sup. Ct., N.Y. County July 24, 2025) ( here ), the procedural matter at issue concerned the date on which a filing is deemed to be filed. As discussed below, the date on which a filing is deemed filed might surprise you. Overview In  Richardson v. Beal , plaintiffs sought a default judgment against

By:  Jeffrey M. Haber In Southgate Owners Corp. v. Esposito , 2025 N.Y. Slip Op. 32750(U) (Sup. Ct., N.Y. County July 24, 2025) ( here ), plaintiff sued defendant, a shareholder in its cooperative building, seeking a declaratory judgment that 80 additional shares had been properly allocated to her unit following a 1996 expansion of her unit into terrace space. Plaintiff claimed that defendant refused to accept the allocation and pay her pro rata share of expenses and sought a

By: Jonathan H. Freiberger Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most of the time, insureds do not read their policies and do not know the precise coverages they have purchased. While sometimes insurance is purchased directly from a carrier, many insureds rely on insurance agents or brokers to, inter alia , procure insurance for them. What happens, however, when a casualty

By:  Jeffrey M. Haber In today’s fraud notes, we examine two cases: K.M. v. Ursuline School of New Rochelle , 2025 N.Y. Slip Op. 04643 (2d Dept. Aug. 13, 2025) ( here ), and Three C, LLC v. City Settlement Serv., Inc. , 2025 N.Y. Slip Op. 04678 (Aug. 13, 2025) ( here ). Ursuline involved the failure to satisfy the elements of a fraud claim. To state a claim for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be

By:  Jeffrey M. Haber On August 1, 2025, the Securities and Exchange Commission (“SEC”) announced ( here ) that it charged a Wisconsin resident and three limited liability companies that he owns and controls – Investors Capital LLC, Global Investors Capital LLC, and High Income Performance Partners LLC (collectively, the “Entity Defendants”) – with perpetrating a real estate-related offering fraud. According to the SEC’s complaint ( here ), from approximately May 2020 through

By: Jonathan H. Freiberger In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York. Simply stated, armed with a money judgment, a judgment creditor can employ numerous available procedures to assist in the collection of the outstanding judgment debt. Article 52 of the CPLR (Enforcement of Money Judgments) provides for many enforcement options. Judgments obtained in New York can be enforced imm