discussed in the Blog was , 154 A.D.3d 523 (1 st Dep’t 2017), in which the First Department dismissed the action other things, that the “nullity” rule, which is applied in the First Department and provides that an action In , 154 A.D.3d 523 (1 st Dep’t 2017), the Court affirmed the dismissal, without prejudice, of the action The court refused to reach the merits of the motion and, instead, dismissed the action because plaintiff was commenced, was a violation of Judiciary Law § 470, and requires dismissal of the underlying action

Somerset commenced the action for breach of contract, breach of warranty, and fraud alleging, , that 3211(a)(2) arguing, among other things, that the court lacked subject matter jurisdiction over the action initial matter, the Court rejected the contention that it lacked subject matter jurisdiction over the action ( , 31 A.D.3d 394 (2006), and , 15 A.D.3d 535 (2005)), in which the court affirmed dismissal of the actions The plaintiff has offered no evidence that the cost of commencing an action in Pennsylvania would be

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 leaving petitioner short of the 50% stock ownership required, depriving her of standing to bring this action BCL § 1104(b), if the corporation’s certificate of incorporation requires a super-majority for board action Close corporations are typically composed of family or friends who are actively engaged in the management

If the predetermined amount of damages “is manifestly disproportionate to the actual” harm suffered, courts will not enforce the provision on the grounds that it is a penalty instead of an estimate of actual If the clause is rejected as being a penalty, the recovery is limited to actual damages proven.” In its second cause of action for breach of contract, Perseus alleged that Indy breached the terms of Notably, the liquidated damages amount is more than seven times that of Perseus's actual damages.

Ct. 1989 (2016) (discussed here ), to dismiss a qui tam action using the implied certification theory Abbott filed a complaint under the False Claims Act (“FCA”) and sought over $200 billion in damages. Despite the DOI’s findings, Abbott continued with his qui tam action.

, 75 N.Y.2d 680, 690 (1990) (internal citations omitted). “ he key element of a common-law cause of action not seek to hold Sponsor vicariously liable for GACE’s wrongdoing, but rather alleged Sponsor was the actual Thus, “ ince the predicate of common-law indemnity is vicarious liability without actual fault on the part of the proposed indemnitee, it follows that a party who has itself actually participated in the giving rise to the loss to the party from whom indemnification is sought and must not have committed actual

Thereafter, in 2002, plaintiff commenced an action against defendant for improper management of plaintiff “TY Builders II, Inc.” commenced the action to recover damages for breaching the lease. 

Tall Tower brought suit against Stonepeak, alleging only one cause of action: breach of the Confidentiality

as computed pursuant to this title, upon the loan or forbearance of any money, goods, or things in action Cash4Cases , is a litigation funding company that purchased an interest in defendant’s personal injury action Significantly, repayment of the “advance” was contingent on defendant prevailing in the underlying action the “advances” do not have to be repaid, and thus are “entirely contingent” on whether the underlying action guaranteed obligation to repay, except from the proceeds, if any, recovered in his personal injury action

media and business opportunities, strategized with Dykstra concerning new business opportunities, and acted

if the security is not posted within thirty days of the order, the defendant can move to dismiss the action did not reside in New York and a significant bond was necessary in the “complex medical malpractice action The Manente Appellate Court’s determination was based on the fact that: the “ isbursements in t action an automobile accident with a New York City Police Department vehicle, commenced a personal injury action During the pendency of the action, Clement moved to Georgia prompting the defendant to move for security

of up to $150 million from VTB Capital PLC (“VTB”) to fund exploration, development, and production activities tranches: $40 million to fund exploration, $40 million for development, and $70 million for production activities Plaintiffs filed a complaint against Defendants, alleging four causes of action: fraud, conspiracy to