Upon motion of a person having an apparent interest in property which is the subject of an action in A motion made by a person not already a party to the action constitutes an appearance in the action and granted to a temporary receiver may be extended or limited or the receivership may be extended to another action Baron , 107 A.D.3d 689 (2 nd Dep’t 2013), was a partition action in which plaintiff moved to appoint Sikowitz , 94 A.D.2d 709 (2 nd Dep’t 1983), an action for specific performance of a contract, reversed

County Sept. 9, 2019) ( here ), the Court denied a motion to dismiss an implied contract action, holding K2 involved an action to recover $114,133.40 from the defendants for breach of an implied contract in A cause of action for breach of an implied contract is not viable where this is an express contract covering Plaintiff commenced the action, alleging breach of an implied contract and account stated. between the parties and conclusively showed that any payment obligations were between K2 and URP, the actual

Plaintiff commenced the action on March 5, 2018, alleging that Coast and the individual defendants (collectively Accordingly, the ninth cause of action is dismissed. Id . at **4-5. Rather, the actual relationship between the parties determines the existence of a fiduciary duty (e.g

In a parallel action, the U.S. Acting Manhattan U.S. Attorney Joon H. In a parallel action, the U.S.

directors or those in control of the corporation have been guilty of illegal, fraudulent or oppressive actions directors are so divided about the management of the corporation’s affairs that the votes required for action When a point is reached at which the shareholders who are actively conducting the business of the corporation

(“NCL”) moved for summary judgment to dismiss the action based upon a forum selection clause in the Guest Accordingly, the Court granted NCL’s motion and dismissed the action pursuant to the forum selection terms can include a forum selection clause that could divest the court of jurisdiction over his/her action

by which a party can make a motion, before a responsive pleading, to dismiss one or more causes of action A “cause of action” subject to dismissal under CPLR § 3211(a), includes counterclaims, cross-claims, 1) documentary evidence; (2) lack of subject matter jurisdiction; (3) lack of capacity; (4) another action pending between the same parties for the same cause of action in another court; (5) disposition in a On October 18, 2017, Plaintiff filed the action, asserting six causes of action against SRI, the first

Such liability is based upon the principle that one who acts for a non-existent principal is himself/ Supreme Court, New York County, Commercial Division, denied the defendants’ motion as to these causes of action To the extent that Schreiber acted on WB Berry's behalf before its formation, he is presumed personally Takeaway All too often, entrepreneurs and business owners engage in too many activities during the formation While some of these activities are benign, others, such as entry into agreements with vendors, creditors

Jane can do so by filing a shareholder derivative action. A derivative action allows current shareholders to bring an action in the name of the company to redress The shareholder must first formally demand the company’s board of directors act in the manner that the If the board and/or committee recommend legal action, then the board will likely file an action against obtained in a derivative action should be for the benefit of the injured company.

In Seaboard , the insurer brought an action against its insured seeking a declaratory judgment that it had no duty to defend or indemnify with respect to an action brought against the insured.  includes the insurer's promise to defend the insured against specified claims as well as to indemnify for actual defend the insured rests solely on whether the complaint alleges any facts or grounds which bring the action and declaring that the insurer “is obligated to defend plaintiff in the underlying personal injury action

Ultimately, McGuckin obtained a $300,000 judgment against the Giambrones in the underlying personal injury action In this regard, a review of the court file in the underlying personal injury action reveals that McGuckin McGuckin commenced a declaratory judgment action against Privilege in which he sought an order declaring and submitting the $300,000 judgment he obtained against insureds in the underlying personal injury action

XII), unclaimed or abandoned property in the possession, custody or control of the United States of America In March of 2012, the GC commenced an action to foreclose its lien (the “Lien Foreclosure Action”).  Further, at the time the Turnover was made, the parties were still actively litigating the Lien Foreclosure Action and the Clerk was aware of the name and address of each and every litigant and their respective At the time the Return Motion was made, the Lien Foreclosure Action was still active and the Deposit