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877 results found for "creditors rights"
- For Want of a Postage Stamp, the Foreclosure Action Was Lost
the lender, in the same envelope as the RPAPL 1304 notice, included “two notices pertaining to the rights The Court of Appeals reversed the Kessler Second Department, holding that, inter alia , its “bright-line
- Context Matters: Post-Arbitration Award Discovery Based on Fraud Under CPLR 408
achieved certain performance milestones, among other conditions, would COD occur and trigger Shell’s rights denied.” [1] The Motion for Discovery Unlike in a plenary action, where discovery is available as of right Thus[,] the arbitrators were in a far better position than this Court to assess whether, in light of
- Enforcement News: With Friends Like These …
entity (unless such employees or independent contractors have a position within the entity giving them a right Nonpublic information is considered to be material if it might reasonably be expected to affect the market increased their usage of the company’s products and services in response to health measures taken in light
- First Department Awards Prejudgment Interest on Escrowed Downpayment Returned to Buyer as Liquidated Damages Upon Seller’s Breach of Real Estate Contract
statutory interest on the return of a deposit because the parties agreed the seller would have no further rights CPLR 5001(a) on a “cumulation of factors” that resulted in the conclusion that the parties waived the right “included compensation for the lost use of that money over time” and “explicitly waived all further rights
- The Court of Appeals Makes a Ruling on “the Proper Scope of the Trial Court’s Discretion to Grant Leave to Amend a Complaint Under CPLR 3025(b)”
The Plaintiffs appealed, as of right, pursuant to CPLR 5601(a) , because “there a dissent by at least Whatever the answer to that question might be in a case in which no action remained between the parties
- Court Imposes Personal Liability on The Managing Member of An LLC Under the Responsible Corporate Officer Doctrine
For instance, a creditor or other third party can “pierce the corporate veil” – i.e. , go behind the
- The U.S. Supreme Court to Resolve a Circuit Split Over Whether a Violation of the FCA Seal Requirement Mandates Dismissal of a Qui Tam Complaint
IMPLICATIONS Resolution of the circuit split will materially impact the rights of whistleblowers and
- RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
(1), a borrower would have to show that “the delay of the foreclosure sale prejudiced a substantial right 203 A.D.3d 1110, 1112 (2 nd Dep’t 2022) (“since the defendant does not allege that any substantial right mistake, defect or irregularity in the papers or procedures in the action not affecting a substantial right
- CONTRACT INTERPRETATION IN THE TIME OF COVID
landlord/tenant matter that involved the interpretation of the “taking” provision of a commercial lease in light finding that there was a taking under the “clear[] and unambiguous[]” “taking” language of the lease in light use of the premises for storage does not negate the finding of a ‘taking’ under the lease, such use might by the square footage of the Leased Space which is so affected,’ indicating that some apportionment might
- Supreme Court, Suffolk County, Refuses Lender’s Request to Stay a Foreclosure Action Pending the Court of Appeals’ Decision in Bank of America, N.A. v. Kessler
Any payment you make on the account is voluntary, but we may still have rights under the security instrument , including the right to foreclose on the property. Thus, the CIT Bank Court concluded that “the New York Court of Appeals would not follow the bright-line
- Setting Aside Arbitral Awards Are Difficult
Under CPLR 7511, an arbitral award may be vacated: if the rights of a party were prejudiced by “(1) corruption
- The Presumption That Papers and Pleading Filed in Court are Public and The Circumstances in Which They May Be Sealed or Redacted
presumption that the public is entitled to access to judicial proceedings and court records.” 1 The public’s right a compelling interest in sealing” such information “since disclosure could impinge on the privacy rights seeking to seal or redact information narrowly tailor their application in order to outweigh the public’s right Information and that the parties’ interest in protecting the Investor Information outweighed the public’s right
