Commercial Litigation and Business Law Attorney - Freiberger Haber NYC

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• Breach of Fiduciary Duty: Time Bars, Tolling and the Continuing Wrong Doctrine

  Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — ...

• Tolling and The Continuing Wrong Doctrine

   By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations.  Statutes of limitations restrict ...

• Court Allows Fraudulent Inducement Claim to Stand with Breach of Contract Claim

  Commercial litigation practitioners know that, as a general matter, courts will not permit a fraudulent inducement claim to survive a motion to dismiss when the claim arises from a breach ...

• Court Explains When A Continuing Wrong is a Continuing Wrong

  Statutes of limitations are statutory mechanisms that limit the duration of a defendant’s liability for all types of alleged wrongdoing. Depending upon the circumstances, the statute of limitations ca...

• New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully

  By: Jeffrey M. Haber On February 14, 2023, the New York Court of Appeals decided State of New York v. Vayu, Inc., 2023 N.Y. Slip Op. 00801 (Feb. 14, 2023) ...

• THE FIRST DEPARTMENT REAFFIRMS THAT A CLAIM FOR EXCESSIVE FEES AGAINST AN ATTORNEY IS SEPARATE AND

  The Second Department has held that “[t]o state a cause of action to recover damages for legal malpractice, a plaintiff must allege that the attorney failed to exercise the ordinary ...