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CPLR New York Appeals

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

Freiberger Haber LLP on

To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Harris Beach PLLC

New York Enacts Law Limiting Lenders in Foreclosure Actions

Harris Beach PLLC on

On December 30, 2022, New York Gov. Kathy Hochul signed into law the Foreclosure Abuse Prevention Act (the “Act”), which will hinder lenders and servicers’ ability to foreclose on New York homeowners. The Act makes the...more

Zuckerman Spaeder LLP

Bad-Behaving Litigants Beware: Gamesmanship During Discovery Could Come at Great Cost

Zuckerman Spaeder LLP on

New York courts are trending towards a strict no-tolerance approach in disposing of cases for willful discovery violations. Under CPLR 3126(3), a party may seek to strike its opponent’s pleading for a willful failure to...more

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