Efrem Z Fischer

August 28, 2023 | New York Law Journal

In a commercial lease dispute, the landlord will almost always insist on recouping every single dollar of late fees, as provided for in the lease,…

By Efrem Z. Fischer

9 minute read

October 06, 2022 | New York Law Journal

Even with properly drafted written lease agreements, when one party is seeking to get out of the contract, claims of "mistake" will inevitably surface. But what are the limits of these efforts to rescind or reform an agreement based upon mistake?

By Efrem Z. Fischer

10 minute read

November 09, 2021 | New York Law Journal

The COVID-19 pandemic has challenged commercial landlords to rely on various legal theories to protect their legitimate rights. This article discusses one such theory—the equitable ownership doctrine or the "alter ego" rule of liability.

By Efrem Z. Fischer and Edward E. Klein

9 minute read

June 11, 2021 | New York Law Journal

'Greenleaf' presents a clear framework for alleging, and demonstrating, a bona fide defense to the enforceability of a promissory note by establishing, through parole evidence, that the actual intent was to never enforce the note at all.

By Efrem Z. Fischer

8 minute read

August 28, 2019 | New York Law Journal

Breach of fiduciary duty and constructive trust claims are being asserted in the context of familial business relationships with greater frequency. In that context, the requirement of the existence of a confidential or fiduciary relationship becomes the key element and the primary focus for analysis with respect to the ultimate merits of the constructive trust and breach of fiduciary causes of action.

By Efrem Z. Fischer

8 minute read