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diminished in value if separated into parts, in the hands of different persons, according to their several rights establishe his prima facie entitlement to judgment as a matter of law by demonstrating his ownership and right “The right to partition is not absolute, however, and while a tenant in common has the right to maintain partition, the opposing party raised triable issues of fact “as to the parties’ respective interests, rights

judgment motion by proffering evidence that plaintiff signed a broad and unambiguous release waiving his right concluded that plaintiff failed to satisfy his burden: On this record, even viewing the evidence in the light Plaintiff argued that the January 2020 document released only lien rights and not his claim for unpaid

For this reason, “a party will not be compelled to arbitrate and, thereby, to surrender the right to to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights Official Unsecured Creditors’ Comm. of Bayou Grp. , 758 F. Supp. 2d 222, 225 (S.D.N.Y. 2010). either party to terminate this Agreement pursuant to this paragraph will not affect either party’s right breach of the terms of this Agreement.… Nothing contained herein shall be deemed to limit either Party’s right

Section 8 of the agreement, titled “Termination,” granted defendant the right to “terminate [the] Agreement court, “Section 8 of the Agreement clearly and expressly grant[ed] the defendant the unconditional right setting deadlines for an independent contractor to complete certain tasks somehow create[d] an implied right

Official Unsecured Creditors’ Comm. of Bayou Grp. , 758 F. Supp. 2d 222, 225 (S.D.N.Y. 2010).

Limitations begins to run on the entire debt…[because]…once a mortgage debt is accelerated, the borrowers' right an opportunity to be heard on this issue which amounted to a denial of the defendant’s due process rights

“The purpose of equitable estoppel is to preclude a person from asserting a right after having led another to form the reasonable belief that the right would not be asserted, and loss or prejudice to the other would result if the right were asserted.” Stated differently, the purpose of the doctrine “is to prevent someone from enforcing rights that would prejudice to the other would result if the right were asserted.

Derivative A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to Because they allege harm only to the company, and not based on some particular injury or right of the After all, if the plaintiff is not a shareholder of the company, then he or she has no right to vindicate the company’s rights and obtain a judgment on its behalf. 953 (1985) (“[a] complaint the allegations of which confuse a shareholder’s derivative and individual rights

clause established that defendants could not enforce the non-recourse provision because they had no rights clause had no bearing on the non-recourse provision because defendants were not seeking to enforce any right already contractually obligated to perform the unfinished work, and plaintiff did not relinquish any rights fraud claim, plaintiff asserted that it adequately pleaded justifiable reliance because it had the right Moreover, noted the Court, “plaintiff did not relinquish any right it otherwise enjoyed as a result of

relationship is not a generally recognized professional relationship in which continuing obligations to advise might hile it is certainly the better practice for an insured to read its policy, an insured should have a right

mistake in the filing process, to be corrected, upon such terms as may be just, or, if a substantial right stage of an action, to disregard a party's mistake, omission, defect, or irregularity if a substantial right

The covenant ensures that a party to a contract will do nothing to “destroy[] or injur[e] the right of The covenant may be breached when a party “exercises a contractual right as part of a scheme to deprive