Equitable Estoppel In New York – Detrimental Reliance
Did you rely on someone’s words in a transaction and get misled? You should consider whether the doctrine of equitable estoppel may help you in court. Here is the often-cited standard.
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Did you rely on someone’s words in a transaction and get misled? You should consider whether the doctrine of equitable estoppel may help you in court. Here is the often-cited standard.
Here is an often cited concept raised in contract litigation – the implied covenant of good faith and fair dealing:
Did someone make money off of you unfairly? You may have a cause of action (claim) for unjust enrichment.
If you have a contract and the other party has done something to prevent you from complying with your part of the bargain and then has the audacity to sue you for breach of contract, you will want to read this excerpt from a trial brief I submitted recently:
Here is an excerpt from a trial memorandum we submitted on the issue of whether the Statute of Frauds had been satisfied by partial performance of the parties. This excerpt sets out the legal standards as developed by caselaw in New York.
Here is a short summary of the law in New York regarding rescission of transactions consummated by fraud –
When drafting an agreement, it goes without saying that you want to be as clear as possible. Despite this adage, I find myself reviewing agreements prepared by non-attorneys and also by attorneys that make little sense. Often, this goes unnoticed by all until there is a dispute and a litigator like me tries to figure […]
I was just quoted in the news by Law360 about the new Bank of America program. BofA Tests Foreclosure Rental Program By Kaitlin Ugolik Law360, New York (March 23, 2012, 6:25 PM ET) — Bank of America Corp. has launched a pilot program in New York, Nevada and Arizona that would allow homeowners facing foreclosure […]
It has become the norm and not the exception lately that I receive calls from people who already tried to do their own loan modification. I discuss it with new callers and make the notation on my call notes “LM pro se”. This means that the homeowner tried it without a lawyer.
A common thing that I hear from new callers and clients is that their lender or servicer actually told them to stop paying the loan in order to qualify for a HAMP loan modification. It is an astonishing thing. What many homeowners do not know at the time is that this very same lender will […]
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