Freiberger Haber LLP

Freiberger Haber LLP

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This is my first article for my new firm's blog. We try to post two to three articles per week relating to the areas of law in which we practice. If you like this article and/or want to read more articles please subscribe to our blog at https://fhnylaw.com/blog/.
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Located in New York City and Melville, Long Island, Freiberger Haber LLP represents corporations, small businesses, partnerships and individuals in a broad range of complex business, securities, real estate, construction and commercial litigation.

Freiberger Haber LLP represents businesses and individuals in commercial disputes, and individuals in whistleblower litigation.

Operating as usual

Contract Reformation: Mutual Mistake or A Scrivener’s Error 10/05/2021

Contract Reformation: Mutual Mistake or A Scrivener’s Error

Contract Reformation: Mutual Mistake Or A Scrivener’s Error
https://fhnylaw.com/contract-reformation-mutual-mistake-or-a-scriveners-error/

Contract Reformation: Mutual Mistake or A Scrivener’s Error By: Jeffrey M. Haber As a general matter, when a contract fails to conform to the agreement between the parties due to the mutual mistake of the parties however induced, or ...

In Case of First Impression Amongst New York Appellate Courts, The Second Department Holds That Foreclosing Lender Must Send a Separate RPAPL 1304 90-Day Notice to Each Borrower as a Condition Precedent to Commencing a Foreclosure Action and... 10/01/2021

In Case of First Impression Amongst New York Appellate Courts, The Second Department Holds That Foreclosing Lender Must Send a Separate RPAPL 1304 90-Day Notice to Each Borrower as a Condition Precedent to Commencing a Foreclosure Action and...

In Case Of First Impression Amongst New York Appellate Courts, The Second Department Holds That Foreclosing Lender Must Send A Separate RPAPL 1304 90-Day Notice To Each Borrower As A Condition Precedent To Commencing A Foreclosure Action And Sending A Jointly Addressed Notice To Two Borrowers In One Envelope Is “Insufficient”

In Case of First Impression Amongst New York Appellate Courts, The Second Department Holds That Foreclosing Lender Must Send a Separate RPAPL 1304 90-Day Notice to Each Borrower as a Condition Precedent to Commencing a Foreclosure Action and... By Jonathan H. Freiberger  In this Blog, we frequently write about cases and developments related to mortgage foreclosure, in general, and RPAPL 1304, specifically.  Indeed, in our September 24, 2021, ...

CPLR 1015(a) and the Death of a Party 09/29/2021

CPLR 1015(a) and the Death of a Party

CPLR 1015(A) And The Death Of A Party

CPLR 1015(a) and the Death of a Party By: Jeffrey M. Haber Litigation can be a long and drawn-out process. Indeed, it is not uncommon for lawsuits to go on for years before they reach their conclusion. Sometimes during ...

The Importance of Complying With Court Orders 09/27/2021

The Importance of Complying With Court Orders

The Importance Of Complying With Court Orders

The Importance of Complying With Court Orders By: Jeffrey M. Haber Default judgments are a part of litigation. In New York, a default judgment may be entered “[w]hen a defendant has failed to appear, plead or proceed to ...

Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304 09/24/2021

Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304

Another Judgment Of Foreclosure And Sale Reversed Due To Lender’s Failure To Lay Bare Sufficient Proof Of Compliance With RPAPL 1304

Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304 By Jonathan H. Freiberger This Blog frequently analyzes residential mortgage foreclosure issues. See, e.g., [here] and the articles hyperlinked therein. As relates specifically to today’s article, we have frequently focused ...

Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371 09/20/2021

Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371

Second Department Addresses Issues Regarding Proof Of Value Of Foreclosed Property For The Purpose Of Calculating Deficiency Judgment Under RPAPL 1371

Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371 By Jonathan H. Freiberger Mortgages are commonly delivered to lenders as security for the repayment of financial obligations, which, in many cases, are evidenced by promissory notes. If borrower defaults, ...

Enforcement News: Since Inception, Over $1 Billion Awarded to Whistleblowers Under the SEC’s Whistleblower Program 09/17/2021

Enforcement News: Since Inception, Over $1 Billion Awarded to Whistleblowers Under the SEC’s Whistleblower Program

Enforcement News: Since Inception, Over $1 Billion Awarded To Whistleblowers Under The SEC’s Whistleblower Program

Enforcement News: Since Inception, Over $1 Billion Awarded to Whistleblowers Under the SEC’s Whistleblower Program By: Jeffrey M. Haber On September 15, 2021, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it paid approximately $110 million and $4 million to two whistleblowers ...

Enforcement News: SEC Charges Georgia Investment Adviser and Its Principal with Operating $110 Million Ponzi Scheme 09/13/2021

Enforcement News: SEC Charges Georgia Investment Adviser and Its Principal with Operating $110 Million Ponzi Scheme

Enforcement News: SEC Charges Georgia Investment Adviser And Its Principal With Operating $110 Million Ponzi Scheme

Enforcement News: SEC Charges Georgia Investment Adviser and Its Principal with Operating $110 Million Ponzi Scheme By: Jeffrey M. Haber This Blog has written numerous articles about Ponzi schemes and the enforcement proceedings that resulted from them. See, e.g., here, here, here and here. In a Ponzi scheme, the operator creates an investment program ...

Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490 09/03/2021

Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490

Second Department Holds That Foreclosing Lender Is Not A “Debt Collection Agency” And, Therefore, Is Not Subject To Licensure Under New York City Administrative Code Section 20-490

Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490 By Jonathan H. Freiberger The New York City Council promulgated rules to, inter alia, protect consumers from debt collection agencies (see Title 20, Chapter 2, Subchapter 30 of the New ...

Who Decides Arbitrability? It Depends on The Agreement 09/01/2021

Who Decides Arbitrability? It Depends on The Agreement

Who Decides Arbitrability? It Depends On The Agreement

Who Decides Arbitrability? It Depends on The Agreement By Jeffrey M. Haber Generally, whether a claim is subject to arbitration is a decision for the court, not the arbitrator.1 Notwithstanding, the U.S. Supreme Court has held that “parties ...

Fraud Notes: Misstatements of Material Fact and The Doctrine of Caveat Emptor 08/30/2021

Fraud Notes: Misstatements of Material Fact and The Doctrine of Caveat Emptor

Fraud Notes: Misstatements Of Material Fact And The Doctrine Of Caveat Emptor

Fraud Notes: Misstatements of Material Fact and The Doctrine of Caveat Emptor By Jeffrey M. Haber To state a claim for fraud, a plaintiff must satisfy each element of the claim; namely, “a material misrepresentation of fact, knowledge of its falsity, an ...

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2 08/27/2021

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2

The Third Department Addresses Liability For Construction Related Flood Damage Resulting From The Diversion Of Storm Water – Volume 2

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2 By Jonathan H. Freiberger Last week this Blog examined WFE Ventures, Inc. v. GBD Lake Placid, LLC, decided on August 12, 2021, by the Appellate Division, Third Department, which addressed ...

Enforcement News: Investment Adviser Charged with Operating a Fraudulent Scheme and Misappropriating Investor Assets 08/25/2021

Enforcement News: Investment Adviser Charged with Operating a Fraudulent Scheme and Misappropriating Investor Assets

Enforcement News: Investment Adviser Charged With Operating A Fraudulent Scheme And Misappropriating Investor Assets

Enforcement News: Investment Adviser Charged with Operating a Fraudulent Scheme and Misappropriating Investor Assets By Jeffrey M. Haber An investment adviser is a fiduciary, and as such is held to the highest standard of conduct and must act in the best interest of his/her ...

Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language 08/23/2021

Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language

Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language

Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language By Jeffrey M. Haber When a party releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the ...

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water 08/20/2021

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water

The Third Department Addresses Liability For Construction Related Flood Damage Resulting From The Diversion Of Storm Water

The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water By Jonathan H. Freiberger On August 12, 2021, the Appellate Division, Third Department, decided WFE Ventures, Inc. v. GBD Lake Placid, LLC, a multi-faceted construction litigation. Today’s article, however, will ...

Enforcement News: SEC Charges British Publisher With Issuing False Statements About a Data Breach 08/18/2021

Enforcement News: SEC Charges British Publisher With Issuing False Statements About a Data Breach

Enforcement News: SEC Charges British Publisher With Issuing False Statements About A Data Breach

Enforcement News: SEC Charges British Publisher With Issuing False Statements About a Data Breach By Jeffrey M. Haber Cybersecurity disclosures are important for a number of constituencies. For example, consumers have a right to know if their data has been compromised at the company in ...

Employers in Chicago Prohibited from Disciplining Employees Who Take Time Off to Receive COVID-19 Vaccine 08/18/2021

Employers in Chicago Prohibited from Disciplining Employees Who Take Time Off to Receive COVID-19 Vaccine

Employers In Chicago Prohibited From Disciplining Employees Who Take Time Off To Receive COVID-19 Vaccine

Employers in Chicago Prohibited from Disciplining Employees Who Take Time Off to Receive COVID-19 Vaccine By Jeffrey M. Haber Cybersecurity disclosures are important for a number of constituencies. For example, consumers have a right to know if their data has been compromised at the company in ...

Second Department Rejects Challenge to Confession of Judgment 08/16/2021

Second Department Rejects Challenge to Confession of Judgment

Second Department Rejects Challenge to Confession of Judgment

Second Department Rejects Challenge to Confession of Judgment By Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is ...

Freiberger Haber LLP Celebrates Its Four-Year Anniversary 08/13/2021

Freiberger Haber LLP Celebrates Its Four-Year Anniversary

Freiberger Haber LLP Celebrates Its Four-Year Anniversary

Freiberger Haber LLP Celebrates Its Four-Year Anniversary This month, Freiberger Haber LLP is celebrating its four-year anniversary. To say that we are excited to celebrate this milestone is an understatement. We know the firm could not have ...

Enforcement News: SEC Charges International Participants with Perpetrating a Long-Running Global Pump-and-Dump Scheme 08/11/2021

Enforcement News: SEC Charges International Participants with Perpetrating a Long-Running Global Pump-and-Dump Scheme

Enforcement News: SEC Charges International Participants With Perpetrating A Long-Running Global Pump-And-Dump Scheme

Enforcement News: SEC Charges International Participants with Perpetrating a Long-Running Global Pump-and-Dump Scheme “Pumping a few squirts of vanilla hazelnut syrup into your latte—nothing wrong with that. Pumping up a coffee stock with hype and false statements? That’s illegal, and the Securities and ...

Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off 08/09/2021

Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off

Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off

Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off Whistleblowers play an important role in detecting and stopping securities laws violations. They do so often by risking their career and reputation. For this reason, whistleblowers may receive a monetary ...

“‘John Doe' and the Statute of Limitations” May be the Worst Name for a Rock Band 08/06/2021

“‘John Doe' and the Statute of Limitations” May be the Worst Name for a Rock Band

“‘John Doe’ And The Statute Of Limitations” May Be The Worst Name For A Rock Band

“‘John Doe' and the Statute of Limitations” May be the Worst Name for a Rock Band Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as ...

SEC Issues Investor Alert To Warn Investors About Fake Brokers And Investment Advisers 08/04/2021

SEC Issues Investor Alert To Warn Investors About Fake Brokers And Investment Advisers

SEC Issues Investor Alert To Warn Investors About Fake Brokers And Investment Advisers

SEC Issues Investor Alert To Warn Investors About Fake Brokers And Investment Advisers On July 27, 2021, the Securities and Exchange Commission’s (the “SEC” or the “Commission”) Office of Investor Education and Advocacy (“OIEA”) issued an investor alert (here) with the FBI Criminal ...

Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel 08/02/2021

Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel

Depositions: Speaking Objections, Instructions Not To Answer and Consultations With Counsel

Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel Depositions in real life are not the same as those depicted on television and in the movies. In Hollywood, counsel defending a deposition can say just about anything. As litigators ...

The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action 07/30/2021

The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action

The Second Department Addresses The Necessary Proof On A Motion For A Default Judgment Pursuant To CPLR 3215(F) In A Mortgage Foreclosure Action

The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action This Blog has frequently addressed evidentiary issues faced by foreclosing lenders. See, e.g., [here], [here], [here], [here],[here]. On July 21, 2021, the Appellate Division, Second Department, decided Deutsche Bank National ...

Court Sustains Claim That Defendants Breached the Terms of A Broad Release 07/28/2021

Court Sustains Claim That Defendants Breached the Terms of A Broad Release

Court Sustains Claim That Defendants Breached the Terms of A Broad Release

Court Sustains Claim That Defendants Breached the Terms of A Broad Release When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. ...

Subject-Matter Waiver of the Attorney-Client Privilege 07/26/2021

Subject-Matter Waiver of the Attorney-Client Privilege

Subject-Matter Waiver Of The Attorney-Client Privilege

Subject-Matter Waiver of the Attorney-Client Privilege “The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal advice in the course ...

In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c) 07/23/2021

In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c)

In A “Fact Posture” Of First Impression In The Second Department, Court Finds That Defendant Waived The Protective Stay Provisions Of CPLR 321(C)

In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c) Sometimes during the course of litigation, through no fault of a litigant, his, her or their attorney becomes physically, mentally or legally incapable of representing the client. In such circumstances, ...

Enforcement News: “Scalping”, Misappropriation and A Whole Lot More 07/21/2021

Enforcement News: “Scalping”, Misappropriation and A Whole Lot More

Enforcement News: “Scalping”, Misappropriation And A Whole Lot More

Enforcement News: “Scalping”, Misappropriation and A Whole Lot More In today’s installment of Enforcement News, we examine an enforcement action brought by the Securities and Exchange Commission (“SEC” or the “Commission”) in the Southern District of New York against ...

Liquidated Damages Clause Found Not to Be Unconscionable 07/20/2021

Liquidated Damages Clause Found Not to Be Unconscionable

Liquidated Damages Clause Found Not to Be Unconscionable

Liquidated Damages Clause Found Not to Be Unconscionable Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. ...

Liquidated Damages Clause Found Not to Be Unconscionable 07/19/2021

Liquidated Damages Clause Found Not to Be Unconscionable

https://fhnylaw.com/liquidated-damages-clause-found-not-to-be-unconscionable/

Liquidated Damages Clause Found Not to Be Unconscionable Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. ...

BE CAREFUL WHAT YOU STIP FOR 07/16/2021

BE CAREFUL WHAT YOU STIP FOR

Be Careful What You Stip for

BE CAREFUL WHAT YOU STIP FOR Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as ...

Enforcement News: SEC Agrees to Settle Charges with Investment Adviser for Failing to Disclose Conflicts of Interest With regard to Retirement Rollover Recommendations 07/14/2021

Enforcement News: SEC Agrees to Settle Charges with Investment Adviser for Failing to Disclose Conflicts of Interest With regard to Retirement Rollover Recommendations

Enforcement News: SEC Agrees To Settle Charges With Investment Adviser For Failing To Disclose Conflicts Of Interest With Regard To Retirement Rollover Recommendations

Enforcement News: SEC Agrees to Settle Charges with Investment Adviser for Failing to Disclose Conflicts of Interest With regard to Retirement Rollover Recommendations An investment adviser is a fiduciary, and as such is held to the highest standard of conduct and must act in the best interest of its client. SEC v. Capital ...

Duplication or No Duplication? That is the Question Decided by The Second Department 07/13/2021

Duplication or No Duplication? That is the Question Decided by The Second Department

Duplication or No Duplication? That is the Question Decided by The Second Department

Duplication or No Duplication? That is the Question Decided by The Second Department A recurring theme in the jurisprudence concerning claims of fraud and breach of contract is duplication – that is, whether the fraud claim duplicates the breach of contract claim. It ...

Duplication or No Duplication? That is the Question Decided by The Second Department 07/13/2021

Duplication or No Duplication? That is the Question Decided by The Second Department

https://fhnylaw.com/duplication-or-no-duplication-that-is-the-question-decided-by-the-second-department/

Duplication or No Duplication? That is the Question Decided by The Second Department A recurring theme in the jurisprudence concerning claims of fraud and breach of contract is duplication – that is, whether the fraud claim duplicates the breach of contract claim. It ...

Our Story

Located in New York City and Melville, Long Island, Freiberger Haber LLP is dedicated to representing corporations, small businesses, partnerships and individuals in a broad range of complex business, securities, real estate, construction and commercial litigation matters.

Founded by Jonathan H. Freiberger and Jeffrey M. Haber, Freiberger Haber leverages more than 50 years of combined experience to deliver sophisticated and creative representation to its clients. The firm’s approach is results oriented and client-centric, providing clients with the sophisticated counsel expected from larger firms with the flexibility and agility of a small firm.

Telephone

Address


425 Broadhollow Road, Suite 417
Melville, NY
11747

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm
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