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Search results for "lien law"

1208 results found for "lien law"

  • Veil Piercing and Fraudulent Transfers Under the (New) DCL

    19 Realty provides us with the opportunity to examine a case involving the new Debtor and Creditor Law replaced Article 10, Sections 270-281 of the DCL, the State’s almost century-old fraudulent conveyance law ) unjust enrichment against all defendants; (9) fraudulent conveyance under new Debtor and Creditor Law Under DCL § 273(a)(1), “ here is no requirement that a transaction involve common law deceit or fraudulent James Gadsden and Alan Kolod, Supplementary Practice Commentaries, McKinney’s Debtor and Creditor Law

  • The New York Court of Appeals Rejects The First Department’s “Nullity” Rule In Cases Where Attorneys Violate Section 470 of The Judiciary Law

    Section 470 of New York’s Judiciary Law , provides: A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business who resides outside of the State, to maintain a physical office within the State in order to practice law The Blog highlighted case-law holding that the in-state office requirement is not satisfied by maintaining in New York for violations of Judiciary Law section 470.

  • Freiberger Haber’s Co-Founding Partners Once Again Recognized By Super Lawyers Magazine®

    Haber, have been named by Super Lawyers Magazine® to be among the top lawyers in the New York metropolitan Super Lawyers Magazine® is an affiliate of Thomson Reuters. Each year no more than 5 percent of lawyers are recognized as Super Lawyers by the magazine. A description of the selection process can be found on the Super Lawyers website. The law firm responsible for this advertisement is Freiberger Haber LLP, 425 Broadhollow Road, Suite

  • Notices of Pendency

    The powerful impact that this device has on the alienability of property, when conjoined with the facility with which it may be obtained, calls for its narrow application to only those lawsuits directly affecting It has been noted that the “statutory scheme permits a party to effectively retard the alienability of Strong Island was a mechanic’s lien foreclosure action in which plaintiff filed a notice of pendency

  • When Dissolution under BCL § 1104-a is Unavailable, Common Law Dissolution May Do the Trick

    The History of Common Law Dissolution Judicial dissolution of a corporation at the request of a minority This common-law right of dissolution of minority shareholders was supplemented by the New York Legislature in 1979, when it enacted Business Corporation Law § 1104-a, which provided the holders of 20% or more the alleged “egregious breach of the fiduciary duties,” Plaintiff sought damages as well as common-law Takeaway Common law dissolution cases are relatively rare in New York.

  • Chief Judge DiFiore Confirms in a Recent On-Line Message, that New York Courts are Actively Addressing Issues Related to the Coronavirus Pandemic

    In an April 20, 2020 on-line video message appearing on the New York Court System website ( https://www.nycourts.gov keep our courts up and running but to gradually and safely expand access to justice for litigants and lawyers include providing “temporary authorization for qualified candidates to engage in the limited practice of law The working group “is also considering possible dispensations with regard to law school instructional

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

    other things, the proceeds of sale may be used to pay outstanding taxes or other assessments that are liens proceedings and may go to subordinate mortgagors, borrower’s creditors and/or individuals or entities with liens of the Legislature proposing enactment of relief for mortgage debtors, which ultimately became the Laws upon foreclosure sales, deficiency judgments have been entered against home owners entirely out of line by the party liable as determined by the judgment with interest, plus the amount owing on all prior liens

  • SECOND DEPARTMENT CALCULATES DEFICIENCY JUDGMENT IN MORTGAGE FORECLOSURE ACTION

    In the event of a borrower default, among the choices available to a lender are an action at law, by backdrop of deficiency judgments, and the enactment of RPAPL 1371 to remedy some of the inequity with the law by the party liable as determined by the judgment with interest, plus the amount owing on all prior liens

  • New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period

    invoices for initial remedial work, such as boarding windows and removing debris, which resulted in “liens utterly refutes plaintiff’s factual allegations, conclusively establishing a defense as a matter of law Next, the Court turned to the law governing suit limitation provisions. inspection; and that the Tower/AmTrust defendants refused to pay vendors, prompting the vendors to ‘place[ ] liens

  • Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court

    Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court Securities fraud and common law fraud have much in common. Common Law Fraud vs. Securities Fraud Common Law Fraud The essential elements of a common law fraud cause of action include claims under the federal securities laws and the common law.

  • Russian-Olympic Whistleblower Files Counterclaim Under New York’s Anti-SLAPP Law

    Rodchenkov has also filed a counterclaim under New York’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) law. New York’s Anti-SLAPP law is designed for protecting whistleblowers who get sued for making libelous Rodchenkov for too long, most recently with this frivolous lawsuit that parrots the Kremlin’s slander trading in rumors and baseless accusations by the media, we will await our fair hearing in the court of law

  • Freiberger Haber’s Co-Founding Partners Once Again Recognized by Super Lawyers Magazine®

    Haber, have been named by Super Lawyers magazine to be among the top lawyers in the New York metropolitan Super Lawyers Magazine® is an affiliate of Thomson Reuters. Each year no more than 5 percent of lawyers are recognized as Super Lawyers by the magazine. A description of the selection process can be found on the Super Lawyers website. The law firm responsible for this advertisement is Freiberger Haber LLP, 425 Broadhollow Road, Suite

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