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Failure to Pierce the Corporate Veil Proves Fatal to Contract Claim Against Principal of Defendant and Related Entities
To pierce the corporate veil under New York law, a plaintiff must satisfy a two‑part test and plead specific, non‑conclusory facts supporting each element.

Jeffrey Haber
Jan 289 min read


Fraud: Assignment of Claims, Statute of Limitations, and Disclaimers
In BH 336 Partners LLC v. Sentinel Real Estate Corp., 2026 N.Y. Slip Op. 00305 (1st Dept. Jan. 22, 2026), the Appellate Division, First Department, modified an order denying in part a motion to dismiss a complaint containing fraud and fraudulent‑inducement claims arising from Plaintiffs’ purchases of five Manhattan buildings.

Jeffrey Haber
Jan 2512 min read


Enforcement News: SEC Charges Biostatistician and His Consulting Company with Insider Trading
By: Jeffrey M. Haber Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b‑5 promulgated thereunder prohibit trading securities on the basis of material nonpublic information through any deceptive device, scheme, or act. Insider trading liability arises under either the classical theory, where corporate insiders owe duties to shareholders, or the misappropriation theory, where those entrusted with confidential information owe duties to the in

Jeffrey Haber
Jan 217 min read


Contract Ambiguity Defeats Dismissal of Declaratory Judgment Claim
In Alphasense, Inc. v. Financial Tech. Partners LP, 2026 N.Y. Slip Op. 00185 (1st Dept. Jan. 15, 2026), the Appellate Division, First Department, considered whether Plaintiffs validly terminated an advisory agreement with Defendants under a “Key Man” provision.

Jeffrey Haber
Jan 199 min read


Appellate Division, Third Department, Issues Monetary Sanctions against Attorney for Misuse of GenAI in the “First Appellate Level Case In New York” To Do So
Artificial Intelligence (“AI”) and Generative Artificial Intelligence (“GenAI”) are all the rage these days.

Jonathan Freiberger
Jan 165 min read


Res Judicata: Whether a Nonparty to a Prior Action is In Privity with The Prior Action
In Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 N.Y. Slip Op. 00080 (1st Dept. Jan. 13, 2026), the Appellate Division, First Department, affirmed the dismissal of a complaint under CPLR 3211(a)(5) based on res judicata.

Jeffrey Haber
Jan 148 min read


Court Affirms Reformation of a Settlement Agreement Based on Clear and Convincing Evidence of Mutual Mistake
In Romano v. Kelly, the Appellate Division, Third Department, affirmed reformation of a settlement agreement based on clear and convincing evidence of mutual mistake.

Jeffrey Haber
Jan 129 min read


Court Denies Motion for Summary Judgment in Lieu of Complaint Because Note and Related Asset Purchase Agreement Were “Inextricably intertwined”
By: Jonathan H. Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served with such motion papers shall require the defendant to submit answering

Jonathan Freiberger
Jan 95 min read


Enforcement News: Former Chief Operating Officer and Former Managing Partner Charged with Participating in An Alleged $300 Million Ponzi Scheme
By: Jeffrey M. Haber This Blog has written about Ponzi schemes on numerous occasions. A Ponzi scheme is a type of investment fraud where returns to earlier investors are paid using investment capital from new or existing investors, rather than from legitimate profits earned through the enterprise’s business activities. Ponzi schemes persist by exploiting trust, promising high returns with little risk, and using money from new or existing investors to pay “profits” to earlie

Jeffrey Haber
Jan 75 min read
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