Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu of complaint. The statute…
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/ Civil Procedure, Commercial Law & Contracts
Ponzi schemes and affinity fraud frequently overlap because both exploit trust and social interactions to operate effectively. A Ponzi scheme relies on a continuous stream of new investors to pay returns to earlier participants,…
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/ Consumer Protection, Finance & Banking, Securities Law
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…
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/ Commercial Law & Contracts, Construction Law
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…
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/ Commercial Law & Contracts, Finance & Banking, Securities Law
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…
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/ Civil Procedure, Finance & Banking, Real Estate - Residential
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…
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/ Civil Procedure
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…
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/ Business Organizations, Civil Procedure, Real Estate - Residential
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…
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/ Business Torts, Commercial Law & Contracts, Insurance
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,…
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/ Business Torts, Civil Procedure, Education Law
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…
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/ Real Estate - Residential, Securities Law
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.[1]Simply stated, armed with a money judgment, a judgment creditor can employ numerous…
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/ Civil Procedure, Civil Remedies, Conflict of Laws
The Custody Rule provides that “it is a fraudulent, deceptive, or manipulative act, practice or course of business within the meaning of section 206(4) of the [Advisers] Act … for [a registered investment adviser] to have…
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/ Administrative Law, Finance & Banking, Securities Law
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…
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/ Civil Procedure, Commercial Law & Contracts
Today’s BLOG deals with the “Relation Back Doctrine” (the “Doctrine”), which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant for…
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/ Civil Procedure, Real Estate - Residential
A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding…
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/ Business Torts, Civil Procedure, Commercial Law & Contracts
