This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more
By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more
7/22/2024
/ Breach of Contract ,
Contract Terms ,
Enforcement ,
Fraud ,
Illegal Contracts ,
Legal Fees ,
New York ,
Purchase Agreement ,
Reversal ,
Tax Avoidance ,
Unjust Enrichment
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates due process...more
This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more
Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more
12/12/2023
/ Affirmative Defenses ,
Breach of Contract ,
Business Closures ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Dismissals ,
Eviction ,
Forbearance Agreements ,
Frustration of a Common Purpose ,
Landlords ,
Moratorium ,
Rent ,
Summary Judgment ,
Supply Chain ,
Tenants
Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more
12/7/2023
/ Breach of Contract ,
Commercial Property Owners ,
Contract Terms ,
Coronavirus/COVID-19 ,
CPLR ,
Damages ,
Deeds ,
Dismissals ,
Fair Market Value ,
Mortgages ,
Wills ,
Written Notice