of a judgment of foreclosure by repackaging previously litigable issues as a later General Business Law against MTGLQ, inter alia, to recover damages for deceptive practices in violation of General Business Law in furtherance of the foreclosure amounted to a deceptive practice in violation of General Business Law so much of the order as dismissed the third cause of action, alleging violation of General Business Law different legal theory – in Rosio, as a statutory consumer-protection claim under General Business Law

Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before In commercial matters, choice of law contract provisions and doctrines, such as the internal affairs doctrine, typically identify the law that should apply to the parties’ dispute. – in that case, Delaware corporate law pursuant to a provision in the parties’ governing contract. This framework means that “duty of care violations are rarely found” under Delaware law.

To support its holding, the Bonilla Court reiterated that “ t is the settled law of this State that a party to an illegal contract cannot ask a court of law to help him carry out his illegal object, nor (2 nd Dep’t 1999), the Appellate Division affirmed the motion court’s finding that “as a matter of law Accordingly, the plaintiff was “barred, as a matter of law, from suing on the alleged agreement for the Where the parties' arrangement is illegal the law will not extend its aid to either of the parties or

Did Tesla violate securities laws by not disclosing a fatal accident? Commission ("SEC") is said to be probing the matter to determine if Tesla violated the federal securities laws

success of the program with respect to detecting and preventing violations of the federal securities laws fraudulent conduct on Wall Street and promote compliance with the federal securities and commodities laws impede an individual from communicating directly with the Commission staff about a possible securities law other types of agreements to silence and discourage people from reporting violations of the securities laws Wealth Management, LLC, for impeding brokerage customers and advisory clients from reporting securities law

in prosecuting the 2022 Foreclosure Action which, the lender argues, “was timely under the pre-FAPA laws The Court stated that such a position is not supported by case law; “certainly not in a manner capable a legal matter that the 2022 [F]oreclosure [A]ction was timely brought under well-settled pre-FAPA law s challenge based on the Contract Clause of the United States Constitution, which prohibits a state law inquiry contains three components: whether there is a contractual relationship, whether a change in law

the two-year discovery rule, as well as the three-year limitations period governing General Business Law fraud claims may survive dismissal on timeliness grounds, and when they will be barred as a matter of law inquiry into when a plaintiff should have discovered an alleged fraud presents a mixed question of law and fact.”[7] A cause of action alleging a violation of General Business Law § 349 is governed by a alleged that the conveyances should be set aside as fraudulent conveyances under Debtor and Creditor Law

Appellate Division, First Department, involving the suability of a board of directors under New York law In fact, no provision of New York law describes a corporation’s board as a distinct, suable entity. The Business Corporation Law (“BCL”) makes this point clear, providing that only a corporation can “sue The motion court concluded that, “based on its review of statutory and decisional law, … no basis exists brought directly against a board of directors.”[12] Therefore, “[a]pplying the Business Corporation Law

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generally a faster, less formal, and less expensive way to resolve a contractual dispute than commencing a lawsuit Consulting a business law and litigation attorney with ADR experience is advisable for all your business Freiberger Haber LLP in New York City is experienced in business law and litigation and handles all aspects

Section 320(a) of New York’s Civil Practice Law and Rules  (the “CPLR”), which sets forth,  inter alia The Court also noted that there “appears to be no prior case law from this Court, our sister courts, Thus, the Court stated: Accordingly, this Court's own case law interpreting the meaning and scope of subdivision (g) of CPLR 3215 should be defined by the scope of the word as determined by decisional law alone, does not constitute an appearance in the action is wholly consistent with this Court's case law

The Law Governing Oral Agreements It is well settled that “[i]n determining whether the parties entered In New York, the Statute of Frauds is found in General Obligations Law (“GOL”) § 5-701 through 5-705. “General Obligations Law § 5–701(a)(1) provides that an agreement is void if, by its terms, it ‘is not encompasses only those agreements which, by their terms, ‘have absolutely no possibility in fact and law Under New York law, “a binding contract is formed by an oral acceptance of a written offer.”[13] Thus