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877 results found for "creditors rights"
- Death of a Litigant
(b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought of injustice.Marketability of title is concerned with impairments on title to a property, i.e., the right
- When a Filing is Not a Filing
Haber On occasion, we examine procedural matters that have an impact on the substantive rights of the As discussed below, the date on which a filing is deemed filed might surprise you.
- Emails Following Mediation Sufficient to Confirm Settlement of Third-Party Contractual Indemnification Claim
settlement by mediation and the post-mediation emails purporting to reserve certain indemnification rights specified that Walker’s insurance carrier, Philadelphia Indemnity Insurance Company (“PIIC”), reserved its rights Walker later took the position that PIIC’s request to reserve its rights included the third-party claims Counsel confirmed the settlement immediately after the mediation and did not give any indication that any rights The only reservation of rights concerned non-parties PIIC and Munich Re.
- Fraud Notes: Fraud That Overcomes a Pleaded Defense and Impermissible Group Pleading
the breaching party had a parent-subsidiary relationship; where defendant was the breaching party’s creditor The motion court held that plaintiffs failed to credit Katz or Luff with any fraudulent statements.
- Pleading Reasonable Reliance Is “Always Nettlesome”
Keenan allegedly drew, and made payments, on the line of credit up to and including the spring of 2016 Among other things, Defendants represented that they had no knowledge of any “claims, rights, liens, Finally, they represented that they were unaware of any judgment, encumbrance, lien or claim of right Notably, Defendants represented that in the event that there were any open credit line mortgages affecting the Property, they canceled their right to draw against them and directed that any such mortgage be
- The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the Borrower
In light of the foregoing, established, prima facie, that Banking Law § 6-l is inapplicable under the Third Department’s holding that FAPA’s retroactive application does not violate a lender’s due process rights
- Claims of Breach of Contract and Failure to Satisfy Conditions Precedent Proceed Past Motion to Dismiss Stage
Plaintiff is a public figure and content creator who describes himself as an expert on extraterrestrial exploitation of the IP, failed to make payments required under Section 2(C) of the SOW, and asserted a right Even where contractual procedures exist (such as audit rights or reporting mechanisms), a party may be
- CPLR 2004 Extensions, the 90-Day Foreclosure Sale Rule and the Tolling of Interest Accruals
(1), a borrower would have to show that “the delay of the foreclosure sale prejudiced a substantial right , 203 A.D.3d 1110, 1112 (2nd Dep’t 2022) (“since the defendant does not allege that any substantial right
- First Department Affirms Dismissal of Fraudulent Inducement Claims Due to Disclaimer Clauses and Failure to Plead Justifiable Reliance
itself against deception, it should not be denied recovery merely because hindsight suggests that it might knowledge and experience so as to be aware of the risks and uncertainties inherent in the purchase of the rights Paragraph 6(b), Cestone “also disclaimed reliance on ‘any documents or other information regarding the credit
- Court Holds Corporate Officers Personally Liable for Participation in An Alleged Conversion of Assets
< editor's note: this article has been edited. > editor's note: this article has been edited.> As discussed For instance, a creditor or other third party can “pierce the corporate veil” – i.e. , go behind the generally defined as an act or omission that gives rise to injury ( i.e. , the invasion of any legal right
- Publicly Available Information, Justifiable Reliance and The Caveat Emptor Doctrine
Kiner , 277 A.D.2d 937, 938 (4th Dept. 2000) (misrepresentation concerning the existence of deeded lake rights landmark status was a matter of public record); Mosca , 277 A.D.2d at 938 (the existence of deeded lake rights
- Courts Will Not Assist An Effort To Enforce An Illegal Contract
created for the purpose of improper tax avoidance the contract was illegal, thereby precluding any right found that “the deal was documented in a fictional manner for the purpose of improper tax avoidance no right the required license to sell alcoholic beverages and, thus, the sales contract was illegal and “no right

