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AF then assigned its right to the money to plaintiff in exchange for a payment in excess of $500,000. “That raises an issue about her role with AF and that she might be considered a corporate officer,” said

Accordingly, Article 2 of New York’s Lien Law provides additional rights and remedies to Providers by establishing the right to file mechanics’ liens against the improved property.  the provisions of any other law, any contract, agreement or understanding whereby the right to file While the Lien Law provides a valuable tool for Providers to secure payment, the rights afforded by the No such lienor shall have a right to file any other or further lien for the same claim.

Accordingly, it is prudent to preserve the right to make a summary judgment motion.  A defendant may waive the right to seek dismissal pursuant to CPLR 3215(c) by serving an answer or taking have had, including their right to dismissal upon the plaintiff's failure to timely seek a default judgment subject stipulation, pursuant to which they seem to have given up valuable and perhaps dispositive rights Litigants should be careful when entering into stipulations that may impact their rights in a litigation

In December 2021, the parties entered into an agreement, whereby plaintiff agreed to purchase the rights These averments, viewed in the light most favorable to the plaintiff, were sufficient, at this early

reviewed and ‘ articular words should be considered, not as if isolated from the context, but in the light 7.3 of the assignment, which, it said, “appears to be a catch-all provision dealing with National’s rights

Under Section 8 of the Agreement, remedies for default included the right of the Secured Party “to institute This notice invoked plaintiff’s right to demand payment of the outstanding principal amount owed by defendants

In Posillico, plaintiff alleged that defendants violated his rights under a shareholder agreement (“Shareholder (“Posillico” or the “Company”), “thereby triggering [his] right, under the Shareholder Agreement, to

would show the balance sheet to various persons as a basis for financial dealings ( e.g. , “banks, creditors The range of the transactions in which a certificate of audit might be expected to play a part was as Guarente , 43 N.Y.2d 356 (1977), Credit Alliance Corp. v. statement on La Scienza, and Shagalov commenced an action alleging, inter alia , that Artemus violated his rights Credit Alliance , 65 N.Y.2d at 551.

opportunity to obtain new counsel before further proceedings are taken and thereby avoid prejudice that might The Court found that the defendant waived her right to make an argument under CPLR 321(c) and stated:

contingency clause will be deemed for the benefit of the purchaser and the seller where either party has the right ability to obtain a mortgage loan commitment within a certain period of time, and provided him with the right Contrary to the contention, the did not waive his right to cancel the contract of sale.

Genesis/GDC allegedly represented that Dragons’ loan would be backed by pledge agreements and a ‘put right Moreover, the agreement contained the “put right” provision discussed above. Dragons alleged that the “put right” provision, along with other facts and circumstances, materially , “the agreement did not give rise to contract claim against it”. 2 “Its obligation under the put right to purchase GDC SPV’s 8.5% preferred interest in Project Co. from Dragons—could not be triggered in light

may set aside its own judicial sale upon grounds otherwise insufficient to confer an absolute legal right to upset sales based on mere inadequacy of price would discourage bidding and unduly frustrate the rights of the civil practice law and rules as to the notice, time or manner of such sale, if a substantial right with the provisions of this section as to the notice, time or manner of such sale if a substantial right