Search Results
Search results for "lien law"
1208 results found for "lien law"
- The Second Department Applies the Relation-Back Doctrine to Add a Party to a Foreclosure Action More than a Decade after Commencement of Same
third prong, the Court stated: With regard to the third prong, as [the Corp.] acknowledges, New York law party knew or should have known that, but for the mistake—be it a simple oversight or a mistake of law prejudice by the motion court in denying the lender’s motion pursuant to CPLR 2004 and CPLR 306-b was law The Second Department, however, held that it “is not bound by the law of the case doctrine, and … will
- New York State Attorney General Investigating Mylan Pharmaceuticals for Unfair Competition
many school systems, thereby engaging in anti-competitive business practices or violating antitrust laws investigation rage on, Mylan spokeswoman Nina Devlin stated, "The program continues to adhere to all applicable laws
- The Right to Seek Dissolution by The Estate of a Deceased Member
Haber Under New York’s Limited Liability Company Law (“LLCL”) § 702, a court “may decree dissolution Under Section 11-3.2(b) of New York’s Estates, Powers & Trusts Law, the personal representative of a has not, however, addressed the issue in Matter of Bodenchak v. 5178 Holdings LLC. [3] Under New York law 1102, 1103 (2d Dept. 2016) (citations omitted). [4] Slip Op. at *1. [5] LLCL § 608. [6] Under New York law
- Charter-Time Warner Merger Sparks Univision Licensing Fee Dispute
Freiberger Haber LLP is a New York City based law firm experienced in business law and complex business
- Factoring, Commercial Financing Services and Claims That Range from Replevin to Fraud
Merchant’s fourteenth through sixteenth causes of action for violations of the Debtor and Creditor Law conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law Under New York’s version of the UVTA, which Governor Cuomo signed into law on December 6, 2019, the State transfers made and obligations incurred after the effective date ( i.e. , April 4, 2020), New York law will be more aligned with the fraudulent transfer laws of most states in the country, as well as with
- The Second Department Explains the Difference Between a Brokerage Agreements Granting an “Exclusive Right to Sell” and an “Exclusive Agency”
Aurora Properties, LLC, a case that gave the Court “the opportunity to examine the law of brokerage agreements the investment banking context,’ noting that, ‘in both cases, the governing principles arise from the law of agency and contract, not from the law of real property.’” these principles here, the defendant established its prima facie entitlement to judgment as a matter of law
- Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States II
under subdivision four of section fifteen hundred one of the real property actions and proceedings law Section 10 of FAPA provides that the law "shall apply to all actions commenced on [a mortgage] in which Article 13 LLC moved for reconsideration “arguing that FAPA was an intervening change in controlling law The Second Circuit articulated the issues related to New York law raised by the Senior Mortgage lender unintended judicial interpretation and (3) the statute reaffirms a legislative judgment about what the law
- Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)
“Insurance agents have a common-law duty to obtain requested coverage for their clients within a reasonable In addition to common-law theories of recovery, liability against a broker may be found “where a special contract with customers and clients, may assume or acquire duties in addition to those fixed at common law and stated: Here, the defendant established its prima facie entitlement to judgment as a matter of law
- Fraud Notes: The Duplication of Claims Doctrine
Quick Primer of the Law “A cause of action for fraud does not arise when the only fraud charged relates obligations of Customers arising out of sales or services … , free and clear of all security interests, liens , claims and Disputes whatsoever other than Permitted Liens.”
- Second Department Finds That Merchant Agreement Is A Criminally Usurious Loan
GeneSYS ID, Inc. , 37 N.Y.3d 320 (2021), where the Court stated: Although the ancient laws relating to had religious and moral underpinnings, some of which may have carried into New York’s original usury law Usurious loans, as a matter of law, are void. New York’s General Obligations Law § 5-511 ; see also Bakhash v. rate, it would be immaterial whether the lender actually intended to violate the law.
- Vacatur Under the FAA – It Isn’t Easy
numerous articles concerning vacatur of an arbitration award under Article 75 of the Civil Practice Law retaliated against him for engaging in protected activity in violation of New York City Human Rights Law Petitioner appealed, claiming that the arbitrator manifestly disregarded the law with respect to his a serious error.’” 4 Courts “‘consistently accord[] the narrowest of readings’ to this provision of law .” 7 The manifest disregard of law doctrine is, however, is a ‘severely limited’ doctrine. 8 “It is
- Fraud Notes: Opinions Based on Flimsy Information Can Be Fraudulent, Privity, and Duplication
contract; (2) unjust enrichment; (3) quantum merit; (4) fraudulent misrepresentation; and (5) charging lien The First Department unanimously modified the order, on the law, to deny the motion to dismiss the first (citing Lawrence M. Kamhi, M.D., P.C. v.

