Haber Few principles of contract law are more fundamental than the requirement that parties reach a meeting Under New York law, an enforceable contract requires an offer, acceptance, consideration, mutual assent contract was ever formed because the parties never agreed on a material term, leaving only a common-law ] that the Sales Agent Agreement was never approved and that MEP II and Defendant only had a common law To warrant dismissal, documentary evidence must conclusively establish a defense as a matter of law and

In late December 2020, Governor Cuomo signed into law the “COVID-19 Emergency Eviction and Foreclosure While the Act covers certain residential eviction proceedings and tax lien foreclosures too, this BLOG A copy of the bookmarked December 31, 2020, memorandum from Chief Administrative Judge Lawrence K. provided to a mortgagor pursuant to sections 1303 and 1304 of the real property actions and proceedings law purposes of establishing a defense under an executive order of the governor or any other local or state law

Haber Forum non conveniens is a common law doctrine in which a court may dismiss an action where another jurisdiction, the location of potential witnesses and documents, and the potential applicability of foreign law Plaintiff commenced the action on June 21, 2024, asserting claims under New York law for conspiracy to in New York suggests that [the] type of language used in the Subscription Agreement’s choice-of-law than capable of overseeing the parties’ dispute given its familiarity with English common law and the

By law, the SEC protects the confidentiality of whistleblowers and does not disclose information that fund established by Congress that is financed through monetary sanctions paid to the SEC by securities law

The Second Department affirmed, holding that “plaintiff's counsel sufficiently established that his law this action by submitting a copy of a letter from the plaintiff's servicing agent indicating that the law [The AVP] averred in his affidavit, among other things, that SLS retained [the plaintiff’s law firm] Department affirmed and stated: Here, the plaintiff sufficiently established that [the plaintiff’s law authorized to commence this action by submitting [the AVP]'s affidavit indicating that [the plaintiff’s law

in this BLOG’s article “Revive a Time-Barred Claim Using §17-101 of New York’s General Obligations Law where the action is commenced against them after the expiration of the statutory period because the law operation of the provisions of limitations of time for commencing actions under the civil practice law As to the latter, the New York State Technology Law addresses circumstances where one can be bound by (Relying on Forcelli and the New York State Technology Law.)

2010 under the Dodd-Frank Act to encourage individuals to report violations of the federal securities laws these substantial awards encourage other individuals with knowledge of potential federal securities law with an SEC investigation, you should engage the services of an attorney with experience in securities law

in support of the SEC’s position that “individuals who make internal reports of possible securities law Assistance Is Valued While valuing all tips of securities fraud or other violations of the securities laws Commission enforcement action brought in the United States concerning violations of the U.S. securities laws Whistleblower People wishing to blow the whistle on securities fraud and other violations of the securities laws importance of attorneys in the investigation of securities fraud and other violations of the securities laws

threats to coerce the potential investor to buy the security being offered (e.g., threatening to file a lien District of New York, charges all defendants with violations of antifraud provisions of the securities laws and charges one of the defendants with violating market manipulation provisions of the securities laws

In New York, the statute of frauds is codified in New York in General Obligations Law § 5-701(a)(1). whether the record of an electronic communication satisfied the statute of frauds under New York state law See Naldi, 80 A.D.3d at 13 (quoting Nimmer, Law of Computer Technology § 13:12). frauds (see Morris Cohon & Co. v Russell, 23 NY2d 569, 574-575 [1969]; see also General Obligations Law

Haber “A transaction ... is usurious under criminal law when it imposes an annual interest rate exceeding 25%.”[1] General Obligations Law § 5–521 bars a corporation from asserting usury in any action, except in the case of criminal usury as defined in Penal Law § 190.40, and then only as a defense to an action Thus, it is well established that the statute generally proscribes a corporation from using the usury laws in actuality a criminally usurious loan and was, therefore, unenforceable under General Obligations Law

Board Members, and, in any event, under the exculpation of liability provision of the Condominium’s By-Laws The First Department similarly rejected reliance on the Condominium’s by-law provisions limiting personal New Windsor Group, LLC, 180 A.D.3d 636, 639 (2d Dept. 2020); see Limited Liability Company Law (“LLC Law”) § 603(a)(1). [10] LLC Law § 603(a)(2); see Behrend, 180 A.D.3d at 639. interest is governed by the statute, “[e]xcept as provided in the operating agreement.” [11] LLC Law