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797 results found for "park doctrine"
- Q: What Do Get When You Add a Failure to Plead Justifiable Reliance, Loss Causation and a Duty Independent of a Contract? A: Dismissal of a Fraud Claim
In addition to the duplication of claims doctrine, the Court was asked to consider whether a sophisticated Ernst & Young , 206 F.3d 202, 209 (2d Cir. 2000) (citation and internal quotation marks omitted). As part of the agreement, P&HR had to pay various fees and expenses, among other charges and amounts sufficiently different such that the fraud claim survives application of the duplication of claims doctrine
- Thorny Issues Concerning the Statute of Limitations for Declaratory Relief and Breach of Fiduciary Duty
In the years that followed, Langfan’s tax returns continued to list only Mark and Dayna as owners of Instead, in 2022, Mark notified Robin, after his discussions with Dayna following the death of William The next year, in the middle of 2023, Mark reviewed Langfan’s tax return history, discovered that Robin As discussed below, the motion court granted in part and denied in part the motion. The siblings are: plaintiffs Robin Langfan Hammer (“Robin”) and Mark Langfan (“Mark”) and defendant Dayna
- Don’t Unwittingly Waive Goodbye to the Defense of Lack of Personal Jurisdiction
Hall , 185 A.D.3d 1006, 1007 (2 nd Dep’t 2020) (citation and internal quotation marks omitted). Taylor , 230 A.D.3d 457, 458 (2 nd Dep’t 2024) (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted). (Citations and internal quotation marks omitted).
- The Second Department Holds That Lender Cannot Use CPLR 3215(c) to Avoid Dismissal of Foreclosure Action Despite Death of Borrower
We will quickly revisit CPLR 3215(c)[2], which provides, in pertinent part, that: If the plaintiff fails Brown, 230 A.D.3d 657, 658 (2nd Dep’t 2024) (citations and internal quotation marks omitted); see also Miglio, 197 A.D.3d 776, 777 (2nd Dep’t 2021) (citations and internal quotation marks omitted); see also Miglio, 197 A.D.3d 776, 777 (2nd Dep’t 2021) (citation and internal quotation marks omitted); see also [Citations and internal quotation marks omitted.] Jonathan H.
- The Second Department Addresses Statutes of Limitation Issues in Mortgage Foreclosure Actions in Light of FAPA
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). Islam , 193 A.D.3d 1016, 1017 (2 nd Dep’t 2021) (citations and internal quotation marks omitted). at 2017 – 18 (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) Pursuant to CPLR 203 (h), part of the recently enacted Foreclosure Abuse Prevention Act, "[o]nce a cause
- Second Department Holds that Relief Under CPLR 3213 was Unavailable for Claim Under Guaranty of Lease
relates to summary judgment in lieu of complaint pursuant to CPLR 3213,[1] which provides, in relevant part Electron Power, Inc., 37 N.Y.2d 151, 154 (1975) (citation and internal quotation marks omitted); see Deli, Inc., 88 N.Y.2d 437, 444 (1996) (quoting Interman, supra) (some citations and internal quotation marks [Citations and internal quotation marks omitted.] Jonathan H.
- The Second Department Explains the Difference Between a Brokerage Agreements Granting an “Exclusive Right to Sell” and an “Exclusive Agency”
Infinity Holdings Northeast, LLC, 228 A.D.3d 815, 816 (2nd Dep’t 2024) (citations, internal quotation marks (citations and internal quotation marks omitted). (Citations, internal quotation marks and brackets omitted.) (Citations and internal quotation marks omitted.)
- The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and Domesticate a Foreign Judgment Entitled to Full Faith and Credit
E.L., 577 U.S. 404, 406-07 (2016) (citations and internal quotation marks omitted). (citation and internal quotation marks omitted). default in appearance or by confession of judgment, (ii) that the judgment is unsatisfied in whole or in part (Citations and internal quotation marks omitted.) (Citation and internal quotation marks omitted.)
- 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 ...
(Citations, internal quotation marks and ellipses omitted.) (Citations, internal quotation marks and brackets omitted.) (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
Schiffman, 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part Matles, 185 A.D.3d 703, 706 (2nd Dep’t 2020) (citations and internal quotation marks omitted). Davidson, 202 A.D.3d at 882 (citations, internal quotation marks and brackets omitted); see also U.S. (Citations and internal quotation marks omitted.) The Court found that Bank of N.Y. Melon v.
- Court Holds That an At-Will Employee Can Be a Faithless Servant
A question that sometimes arises is whether an at-will employee is subject to the faithless servant doctrine "> The Faithless Servant Doctrine Discussed It is well settled that, under certain circumstances, an An employer states a claim under the faithless servant doctrine by alleging that a former employee, during Takeaway TMT Entertainment shows that the faithless servant doctrine remains a potent weapon for employers Perhaps, more importantly, TMT Entertainment confirms that the doctrine will be applied to at-will employees
- Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
addressed by the courts concerned the application of the statute of limitations and the continuing wrong doctrine loans, between PPCO and PPVA that were used to ease PPVA’s liquidity crisis and were paid back, in part furtherance of the fraudulent scheme” to toll the statute of limitations “pursuant to the continuous wrong doctrine In Sabourin , plaintiffs were able to rely on the continuing wrong doctrine. Under the continuing wrong doctrine, “where there is a series of continuing wrongs,” the statute of limitations
