firms having a national practice, is proud to announce the opening of his new law firm, The Law Office The Law Office of Jeffrey M. The Law Office of Jeffrey M. For more information about The Law Office of Jeffrey M. Haber, visit www.fhnylaw.com. The Law Office of Jeffrey M.

The decision centered on whether the arbitrator exceeded his authority or manifestly disregarded the law The Applicable Law Under Section 10(a) of the Federal Arbitration Act (“FAA”), a court will vacate an 10(a) of the FAA, courts have vacated arbitral awards when an arbitrator manifestly disregards the law doctrine is limited.[4] It is a doctrine of last resort.[5] It requires more than a simple error in law so as to constitute a manifest disregard of the law.”[19] On the law, the motion court concluded that

consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General Business Law act or practice.”[1] Notably, the deceptive practice does not have to rise to “the level of common-law fraud to be actionable under section 349.”[2] In fact, “[a]lthough General Business Law § 349 claims acting reasonably in the circumstances, could be misled.”[7] “[A] court may determine as a matter of law FDA regulations, or identical New York labeling requirements under New York’s Agriculture and Markets Law

Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law In determining actual intent under DCL § 273(a)(1), courts may consider the common law “badges of fraud adoption of the Uniform Voidable Transactions Act modernized the State’s prior Debtor and Creditor Law The revised law distinguishes between actual and constructive fraud, with the latter based on objective Neptune illustrates the law’s practical application: a property transfer to an insider during pending

Haber New York’s Limited Liability Company Law § 607 limits the remedies available to a creditor when Through a series of motions, the motion court addressed the permissible scope of relief under LLC Law Respondent’s motion to dismiss was denied because he was not admitted to practice law in New York and (“LLC Law”) § 607. The motion court noted that under LLC Law § 607, a court has the authority to impose a charging order

The Court held that under New York’s Limited Liability Company Law and the LLC’s operating agreement, s fees for the prosecution of the claim; Third –  on behalf of the LLC against the attorney and his law on the complaint.” [11] Takeaway Under the LLC Law, assigning a membership interest only transfers Law”) § 603(a)(1). [2] 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.” [3] LLC Law

Haber Introduction What is a “loan” under New York law? Courts applying New York law have long recognized that whether a transaction constitutes a loan depends If a transaction is not a loan, New York’s usury laws typically do not apply. June 26, 2026), the definition of a loan under New York law, the elements courts consider when making rate exceeding 25%.”[1] General Obligations Law § 5–521 bars a corporation from asserting usury in any

“The object and purpose of mechanics’ lien law was to protect a person who, with the consent of the See New York’s Lien Law § 2(3) .  See New York’s Lien Law § 3 .  The Court determined that “ o enforce a lien under Lien Law § 3, a contractor performing work for a tenant Law § 3.

The fact that a deadlock may result does not necessarily mean that the present law is inadequate and approval of presidential power where none in fact exists thus disregarding fundamental rules of agency law Thus, the motion court found that NW Media’s corporate by-laws required a vote of the majority of the That “Unanimous Consent” cannot override contemporaneously executed by-laws that require a majority of What is apparent from the by-laws, though, is that Pragad and Davis bargained for equal control of NW

In drafting a contract, it is very common for the parties to include a choice of law provision. laws principles. Are Choice of Law Provisions Enforceable? Generally, courts will enforce a choice-of-law provision so long as the chosen law bears a reasonable Accordingly, concluded the Court, New York law would apply as set forth in the choice of law provision

Haber Now and then a lawyer fails to meet a deadline or otherwise acts untimely.  Several “saving” provisions in the Civil Practice Law and Rules (“CPLR”) are available to assist a lawyer There are many cases like Fox that consider the meaning of “reasonable excuse” and/or excusable “law Plaintiffs’ counsel claimed law office failure as the reason for Plaintiffs’ default in serving and counsel’s position, arguing that counsel’s failure to serve a complaint was not due to inadvertent law

10(a) of the FAA, courts have vacated arbitral awards when an arbitrator manifestly disregards the law doctrine is limited. 4 It is a doctrine of last resort. 5 It requires more than a simple error in law the arbitrators to understand or apply it; and, it is more than an erroneous interpretation of the law part of the arbitrators.” 7 To modify or vacate an award on the ground of manifest disregard of the law the case. 8 Essentially, the movant must show that the arbitrator “willfully flouted the governing law