2024, and November 19, 2024, respectively. [2] FARKAS The lender in Farkas  commenced a foreclosure action A new action was commenced to foreclose the same mortgage in 2022. The Court found that the voluntary discontinuance of the 2008 action did not operate to deaccelerate In 2015, the motion court granted the lender’s motion to discontinue the 2009 action. A new action to foreclose the same mortgage was commenced in 2016.

Frequently, individuals and entities (principals) act through agents to conduct business.  a transaction conducted by an agent, the other party to the contract had notice that the agent was acting for its own negligent acts.”  American Ref-Fuel Co of Hempstead v. The individual plaintiff in Elango is “an African-American, is a licensed physician and the sole owner

The lender commenced a foreclosure action in 2008 after an alleged default by the borrower. Finding that the lender accelerated the loan in 2008 when it commenced the first action and failed to subsequently de-accelerate, the motion court held that the second action was time-barred. In 2022, the lender moved to restore the first action to the calendar, which motion was granted over process by manipulating and extending the statute of limitations to the detriment of homeowners and it acted

Escobar, a Medicaid case involving the “implied certification” theory of liability under the False Claims Act that state the truth only so far as it goes, while omitting critical qualifying information – can be actionable The Court explained that the materiality inquiry focuses on the “effect on the likely or actual behavior though “rigorous” and “demanding”, should not be “too fact intensive for courts to dismiss False Claims Act On the one hand, it permits relators to bring qui tam actions alleging an implied false certification

The tenant did not cure and, instead, commenced a declaratory judgment action to determine responsibility should not have been terminated because of tenant’s good faith in bringing the declaratory judgment action Tenant disputed the remaining two – a cracked sidewalk and an entrance step in violation of the Americans with Disabilities Act (the “ADA”).  Prior to the termination date, tenant commenced an action seeking declaratory relief and in which it

filed under the 1933 Act. claims under the 1933 Act and the Securities Exchange Act of 1934 (the “Exchange Act”). alleging claims under the 1933 Act and the Exchange Act. the purchasers of American Depository Shares (“ADS”) of Jumia Technologies AG (“Jumia”) pursuant or traceable the Exchange Act.” 

American Home Assurance Co., 241 A.D.3d 563, 566-67 (2d Dept. 2025) (as to breach of contract); Frydman Endurance American Ins. the breach though no damage occurs until later” and “may only be predicated on continuing unlawful acts serves to toll the running of a period of limitations to the date of the commission of the last wrongful act The doctrine allows only tolling predicated on continuing unlawful acts and not on the continuing effects

Freiberger Regular readers of this Blog are familiar with Bank of America, N.A. v. noted in prior Blog articles, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter. included a bankruptcy notice and a debt collection notice under the Fair Debt Collection Practices Act

In response, we must explain that, according to the “American Rule,” “the prevailing litigant is ordinarily The “American Rule” “reflects a fundamental legislative policy decision that, save for particular exceptions Exceptions to the “American Rule” exist, for example, where the recovery of attorney’s fees “is authorized commenced against the mortgagee or by way of counterclaim in any action or proceeding commenced by the Onuoha, 216 A.D.3d 1069, 1073 (2nd Dep’t 2023), a mortgage foreclosure action.

See the Act at Part “B” Subpart “A” § 1.  See the Act at Part “B” Subpart “A” § 3.  in necessary expenses related to COVID-19 health impacts; the need to care for children or elderly, disabled this act but has not yet been executed as of the effective date of this act, including actions filed Part “B” Subpart “A” § 12 of the Act provides that the Act “shall take effect immediately and sections

substitution of counsel stipulation, which must also be served on “the attorneys for all parties in the action Additionally, an attorney of record “may withdraw or be changed by order of the court in which the action attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment, no further proceeding shall be taken in the action against the party for CPLR 321(c) “protects client by automatically staying action from the date of the disabling event.”

record on real property, but the statute of limitations has expired for the mortgagee to commence an action mortgagor (or any other “person having an estate or interest in the real property”) to commence an action against any other person or persons, known or unknown, including one under disability as hereinafter “[A]n action upon a bond or note, the payment of which is secured by a mortgage upon real property, or There, lender commenced an action to foreclose a mortgage obtained in 1999.