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Search results for "lien law"
1208 results found for "lien law"
- Court Sends Case to Arbitration Under Broad Arbitration Clause
including but not limited to claims arising under any state or federal employment or discrimination laws discrimination and a hostile work environment in violation of the New York State and City Human Rights Laws arbitration agreement being offered on a “‘take it or leave it’ basis … is not sufficient under New York law contention regarding the forum selection clause, which provided that any dispute would be governed by the laws “Accordingly, as in Ragone ,” said the motion court, “‘New York law … allow for the enforcement of the
- Defamation Per Se and The Qualified Privilege
Haber In today’s article, we examine defamation per se under New York law, which allows recovery for A Brief Primer on The Law of Defamation The elements of a defamation claim are “a false statement, published believed that the challenged statements were conveying facts about the [] plaintiff.” [6] Under New York law an employer to a former employee’s prospective employer, communications made by an individual to a law defendant published the statements accusing him of sexual assault and sexual harassment with common-law
- The Second Department Finds No Waiver of Contract Rights
Institute Inc., 22-cv-7625(DLI)(LB), 2024 WL 1308603 at 5 (E.D.N.Y March 27, 2024) (applying New York law The parties in Glopak entered into a line of credit agreement pursuant to which the defendant would loan was denied by the motion court, it moved for reargument claiming that “the court misapprehended the law In reaching its determination, the Court, relying on caselaw along the lines set forth supra, stated:
- Board of Managers of the Soundings Condominium V. Foerster – Two Lessons: One Legal and The Other Practical
Under the condominium’s by-laws, the sale of any unit was subject to the condominium’s right of first An experienced business lawyer and litigator can help explore the options. As such, under New York law, those claims were duplicative.
- No Triable Issue: The Limits of Fraudulent Inducement Against Clear Payment Terms Under CPLR 3213
Plaintiff moved for summary judgment in lieu of complaint. whether the Agreement itself was an instrument for the payment of money only under applicable case law whether section 5.3 would be considered an instrument for the payment of money only under applicable case law representations, statements and promises expressly set forth’ in the Agreement.”[11] “Under Delaware law courts, like the Newmark court, will enforce the agreement as written and grant judgment as a matter of law
- You Can’t Always Waive Bye-Bye to Statutes of Limitation
must be commenced within the time specified in this article unless a different time is prescribed by law No court shall extend the time limited by law for the commencement of an action.” where the action is commenced against them after the expiration of the statutory period because the law
- Please Release Me Let Me Go
representatives, of and from all manner of actions …, whether sounding in contract, quasi-contract or tort, in law First, the Court generally discussed the law on releases. In addition to the law discussed below, the Court noted that releases are contracts and their “construction is governed by contract law.”
- Second Department Finds Sanctions Appropriate in Mortgage Foreclosure Action Due to, Inter Alia, the Constructive Notice Provided by the Filing of a Notice of Pendency
rule provides that a position will be deemed frivolous only where it is completely without merit in law cannot be supported by a reasonable argument for an extension, modification or reversal of existing law Innovation's conduct in pursuing the instant appeal appears to be completely without merit in law or fact and unsupported by a reasonable argument for an extension, modification, or reversal of existing law
- OWNERS BEWARE: The First Department Expands The Boundaries Of “Construction Sites” To Bring More Cases Within The Scope Of Labor Law § 240
Certain issues regarding Labor Law §240 were discussed in “Be Helpful at Your Own Peril” , an article Again, Labor Law § 240 was enacted, inter alia , to protect construction workers from height related In discussing the purpose behind Labor Law § 240, the New York Court of Appeals stated: The legislative held strictly liable for injuries resulting from, and has a non-delegable duty to comply with, Labor Law Two Justices dissented, in part, and would have dismissed the Labor Law § 240 claim.
- Nevada Law Requires Fiduciary Standards For Brokers
In Nevada, for example, under a law that takes effect on July 1, 2017, brokers, sales representatives The existing fiduciary law only applies to financial planners; brokers, sales representatives, investment Under Nevada's current fiduciary duty law, a financial planner must disclose any "profit or commission One issue left unaddressed by the new law is whether brokers are subject to a continuing duty of care Some observers believe the law could be challenged under federal preemption.
- Enforcement News: SEC Commences Enforcement Action Against Promoters of a Ponzi Scheme Involving Unregistered Securities
Vanguard JV Cash Program, through Vanguard Holdings Group Irrevocable Trust (“VHG”), a Texas common law JV Cash Program”) through Benchmark Capital Holdings Irrevocable Trust (“Benchmark”), a Texas common law charged defendants with violating the antifraud and registration provisions of the federal securities laws
- Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment
discussed below, the Court did so on the basis of familiar principles of contract and quasi-contract law Under New York law, “ iability for breach of contract does not lie absent proof of a contractual relationship Under New York law, “ he existence of a valid and enforceable written contract governing a particular Under New York law, “ amages for a cause of action sounding in fraud are limited to the actual pecuniary refutes the plaintiff’s factual allegations, thereby conclusively establishing a defense as a matter of law

