Search Results
797 results found for "park doctrine"
- The Distinction Between A Direct and Derivative Claim Proves to Be Elusive for Part Owner of Asset Management and Advisory Services Company
Program Risk Mgmt., Inc. , 147 A.D.3d 122, 132 (3d Dept. (2017) (citation and internal quotation marks Gilbert , 99 A.D.3d 108, 114 (1st Dept. 2012) (internal quotation marks and citations omitted); Maldonado Maldonado , 140 A.D.3d at 1504 (internal quotation marks and citation omitted).
- THE FIRST DEPARTMENT REJECTS TRUMP CORPORATION’S “AGENT FOR A DISCLOSED PRINCIPAL” ARGUMENT IN LIGHT OF RACIAL DISCRIMINATION CLAIMS MADE BY AFRICAN AMERICAN PHYSICIAN ATTEMPTING TO LEASE MEDICAL O...
Cardinal Export Corp. , 15 N.Y.2d 1, 4 (1964) (citations and internal quotation marks omitted); see also Inc. , 94 A.D.3d 969 (2 nd Dep’t 2012) (citations, internal quotation marks and brackets omitted). Blue Ridge Farms, LLC , 114 A.D.3d 757, 758 (2 nd Dep’t 2014) (citations and internal quotation marks Stonhard, 114 A.D.3d at 758-59 (citations and internal quotation marks omitted). Pelton v. 77 Park Ave.
- Family Disputes and the Shareholder Derivative Action
“The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to Madison Park Owner LLC , 84 A.D.3d 699 (1st Dept. 2011); Rut v.
- There is No Absolute Privilege to Defame Another in Court Papers
(internal quotation marks omitted). Id. Id. Id. (quoting, Steinhilber v. Parr , 136 A.D.2d 964, 964 (4th Dept. 1988). Geraci , 15 N.Y.3d at 344. Stega v. Park Knoll Assoc. v. Schmidt , 59 N.Y.2d 205, 209 (1983). Id. at 210. Wiener v. at *3-*4 (citing, Park Knoll Assoc. , 59 N.Y.2d at 210; Silverman v Clark, 35 A.D.3d 1, 12 (1st Dept.
- Defendant Not Equitably Estopped From Asserting a Personal Jurisdiction Defense Says the First Department
This Blog has previously written about the equitable estoppel doctrine in the context of the statute The doctrine has also been used as a basis to reject a jurisdictional defense. Matre v. Snell , 57 N.Y. 286, 303 (1874) (court applied the doctrine to prevent the defendant from asserting lack While the circumstances under which the doctrine is asserted may differ, the analysis of the doctrine In Shondel J. , the Court of Appeals observed, the doctrine is applied “as a matter of fairness.”
- Second Department Finds Laches Defense Applicable in Building Permit Dispute between Neighbors
“The doctrine of laches is an equitable doctrine which bars the enforcement of a right where there has Silverman (2 nd Dep’t May 29, 2019), the Appellate Division, Second Department, applied the doctrine In reversing supreme court, the Second Department found that plaintiff’s actions were barred by the doctrine seeking to safeguard interests and failure to offer any viable reason for failure to act sooner, the doctrine (Citations and internal quotation marks omitted.)
- Second Department Finds Factual Issues Regarding the Applicability of RPAPL 1304 and Refuses to Expunge an Erroneously Recorded Satisfaction of Mortgage
Yapkowitz, 199 A.D.3d 126, 131 (2nd Dep’t 2021) (some citations and internal quotation marks omitted; (citations and internal quotation marks omitted, emphasis added). Kutch, 202 A.D.3d 1030, 1032 (2nd Dep’t 2022) (citations and internal quotation marks omitted). (Citations, internal quotation marks and brackets omitted.) [Citations, internal quotation marks and brackets omitted.]
- The First Department Grants Summary Judgment on Defendant’s Champerty defense and Dismisses Plaintiff’s Complaint
of purchasing claims for the purpose of commencing litigation and has been described as “a venerable doctrine While an ages old doctrine dating back to medieval times, most present-day lawyers view champerty more champertous transactions is codified in section 489 of the Judiciary Law , which provides in relevant part This prudent approach is consistent with the limited scope of the champerty doctrine as it originally in order to induce Farmingdale to take part in the acquisition by purchasing Republic's nonoperating
- Fraud Notes: Alleging a Misrepresentation and Duplicative Damages
Notes, we examine two cases involving principles familiar to readers of this Blog: the duplication doctrine As part of the transaction, Thor Livingston agreed to obtain all governmental approvals to create, by
- REFORMATION OF CONTRACTS
Redbridge Bedford, LLC , 33 N.Y.3d 353, 358 (2019) (citations and internal quotation marks omitted). The equitable “doctrine” of reformation was necessary “because an action at law afforded no real relief Nugent , 85 A.D. 3d 947, 948 (2 nd Dep’t 2011) (citations, internal quotation marks, brackets and ellipses
- No Damages, No Claim, Problem
plaintiffs must allege that … they suffered damages caused by (the) misconduct”) (internal quotation marks Madison Park Owner LLC , 84 A.D.3d 699, 699-700 (1st Dept. 2011). Mohinani v. Charney , 2022 N.Y.
- NO GOOD DEED GETS UNDONE (a/k/a BAD DEEDS GET UNDONE)
Faison , 25 N.Y.3d at 224 (citation, internal quotation marks and brackets omitted). Faison , 25 N.Y.3d at 224-25 (citations, internal quotation marks, ellipses and brackets omitted). Faison , 25 N.Y.3d at 224-25 (citations, internal quotation marks and brackets omitted). Since participated in the forgery of the deed through its principal, , the doctrine of unclean hands JP Morgan , 188 A.D.3d at 852 (internal quotation marks omitted).
