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...more
8/26/2025
/ Breach of Contract ,
Conflicts of Interest ,
Contract Terms ,
Demand Futility ,
Financial Institutions ,
Investors ,
Mortgage Servicers ,
Mortgage-Backed Securities ,
Motion to Dismiss ,
No-Action Clauses ,
Trusts
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...more
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...more
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....more
This Blog has written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more
In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether a front-of-the-package label on the Twizzlers candy wrapper violated General...more
In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the denial of the defendants’ motion to dismiss the plaintiffs’...more
Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more
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 when deadlines are missed. These include:...more
We have written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more
In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more
1/27/2025
/ Breach of Contract ,
Construction Contracts ,
Consumer Protection Laws ,
Damages ,
Evidence ,
Fraud ,
Misleading Statements ,
Motion to Dismiss ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions
In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more
12/9/2024
/ Apartments ,
Appeals ,
Bad Faith ,
Claims Adjusters ,
Compliance ,
Contract Terms ,
Denial of Insurance Coverage ,
Enforcement ,
Fire Damage ,
Insurance Industry ,
Motion to Dismiss ,
Multi-Family Housing ,
New York ,
Property Damage ,
Restoration Terms
“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the...more
As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud with particularity as required under CPLR § 3106(b), cannot lump all the...more
A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case in which a lower court addressed the question whether the...more
10/31/2023
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
Cause of Action Accrual ,
Constructive Trusts ,
Conversion ,
Criminal Investigations ,
Data Deletion ,
Declaratory Relief ,
Fiduciary Duty ,
Fraudulent Inducement ,
Google ,
Merger Clause ,
Motion to Dismiss ,
Promissory Estoppel ,
Purchase Agreement ,
Shareholder Votes ,
Trespass to Chattel ,
Written Agreements
The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more
7/31/2023
/ Article III ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
First Impression ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Injury-in-Fact ,
Motion to Dismiss ,
PHI ,
Popular ,
Standing