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1208 results found for "lien law"
- Second Department Awards Foreclosure Defendant Legal “Fees on Fees” Pursuant to RPL 282(1)
However, Real Property Law § 282(1), which resolves this imbalance, “reads into” mortgages a reciprocal for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law to collect all costs and disbursements and additional allowances allowed by law and will have the right Citron LLP, 233 A.D.3d 846 (2d Dept. 2024), it awarded “fees on fees” pursuant to a statute (Labor Law § 282 does not use the term “all,” and neither does Real Property Law § 234.
- The Appellate Division, First Department, Holds that a Commercial Landlord is Entitled to Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213 With Respect to a Lease Guaranty
Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu par 3213.02a), and, according to one commentator, there is already a plethora of irreconcilable case law Committee's reports do not define what is meant by ‘an instrument for the payment of money only’ nor is case law
- Appellate Division, Third Department, Issues Monetary Sanctions against Attorney for Misuse of GenAI in the “First Appellate Level Case In New York” To Do So
include no less than 23 fabricated cases, as well as many other blatant misrepresentations of fact or law shall not knowingly ... make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer’”. It is axiomatic that submission of fabricated legal authorities is completely without merit in law and ground for extending, modifying or reversing existing law….
- Arbitration: When “May” Means “Shall”
The decision underscores the point that under New York law, contracts must be interpreted based on the arbitrate a party waives in large part many of his normal rights under the procedural and substantive law The Purchase Agreement contained a section, titled “Governing Law and Dispute Resolution,” in which the to arbitration in accordance with the terms of the Purchase Agreement.”[10] Takeaway Under New York law the guise of interpreting the writing.’”[12] “‘Whether an agreement is ambiguous is a question of law
- Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
that would change the prior determination or shall demonstrate that there has been a change in the law The Court then stated that clarifications of decisional law are “a sufficient change in the law to support Forman, 176 A.D.3d 663 (2nd Dep’t 2019), clarified the law on who is considered a “borrower,” by determining [Edith] thus established a change in the law that would change the [motion court’s] prior determination [Edith] established her prima facie entitlement to judgment as a matter of law since it is undisputed
- Answering Certified Questions From the Second Circuit, NY Court Of Appeals Holds That A Judgment Debtor’s Sole Remedies Against A Judgment Creditor Whose Collection Efforts Violate Article 52 of th...
presence in New York, that the restraining notice was ‘tortiously interfering with the superior UCC liens to recover funds used to satisfy a valid judgment based on alleged violations of our civil procedure law
- Standing in Residential Mortgage Foreclosure Actions and the Applicability of RPAPL 1302-a to Defaulting Borrower
law will recognize as a sufficient predicate for determining the issue at the litigant's request.” demonstrate an injury in fact that falls within the relevant zone of interests sought to be protected by law have previously noted that in order to “establish prima facie entitlement to judgment as a matter of law to renew is the appropriate vehicle for seeking relief from a prior order based on a change in the law , including a clarification of decisional law" (Sharan v Christiana Trust, 219 AD3d 1549, 1551 [internal
- Did Equifax Executives Violate Insider Trading Laws?
the wake of the hack of personal consumer information from Equifax Inc.’s computers, congressional lawmakers and Exchange Commission ("SEC") to investigate whether company executives violated insider trading laws In order to do so, consumers were required to waive their right to join a class action lawsuit that was Lawmakers’ Letter On September 12, letters signed by thirty-six U.S. examination of any unusual trading, including any atypical options trading, for violations of insider trading law
- Enforcement News: SEC Cracks Down on Misuse of Investor Funds in Investment Pools
Investment pools are regulated through a combination of the federal securities laws, regulatory oversight These laws require, among other things, that offerings of pooled investment interests must either be from registration (as many private funds are), the anti-fraud provisions of the federal securities laws and bring civil enforcement actions against fund managers, advisers, and entities that violate the law Takeaway First, the SEC’s enforcement action underscores the application of the federal securities laws
- Revisiting The Attorney-Client Privilege, The Common Interest Doctrine and The Work Product Doctrine
The Tension Between Disclosure and The Attorney-Client Privilege The Civil Practice Law and Rules (“CPLR The attorney-client privilege is the oldest among common-law evidentiary privileges. At the time of the law firm’s engagement, Joseph was a judgment debtor of TGT. The law firm served objections and responses to the subpoena on September 14, 2023. The motion court agreed with TGT, holding that the law firm failed to carry its burden.
- International Gaming Technology Agrees to Pay $500,000 to Settle Charges of Unlawfully Retaliating Against One of Its Executives
Protection Act (the “Dodd-Frank Act” or the “Act”) against a company without an underlying securities law the Act protects whistleblowers who provide information to the SEC about violations of the securities laws
- Investment Advisors Have a Fiduciary Duty, says The Labor Department
That being said, investment advisory firms have time to implement changes since the law becomes effective In the meantime, however, investment advisors should speak to an experienced business law attorney for

