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797 results found for "park doctrine"
- CPLR 2004 Extensions, the 90-Day Foreclosure Sale Rule and the Tolling of Interest Accruals
CPLR 5001(a) provides, in relevant part, that “in an action of an equitable nature, interest and the Williams, 121 A.D.3d 1098, 1101-02 (2nd Dep’t 2014) (numerous citations and internal quotation marks Armstrong, 218 A.D.3d 738, 739 (2nd Dep’t 2023) (citations and internal quotation marks omitted). Wells Fargo, 231 A.D.3d at 901 (citations and internal quotation marks omitted); see also Deutsche Bank (Citations, internal quotation marks, brackets and ellipses omitted.) the Court also found that the borrower
- 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
- A Primer on The Components of Personal Jurisdiction
Community Parking Inc. , 108 A.D.3d 487 (1st Dept. 2013).
- Fraudulent Concealment and the Failure to Allege a Duty to Disclose
Third, the Court held that the “special facts doctrine” did not apply. Id . Under the doctrine, there is a duty to disclose information in the absence of a fiduciary relationship The doctrine does not apply, however, if the information could have been discovered through due diligence In rejecting the application of the doctrine, the Court found that Zyloware “had both the means and the Finally, in rejecting the application of the doctrine, the Court addressed Zyloware’s “protests” concerning
- Court Allows Fraud Claim To Stand With Breach of Contract Claim Despite Some Overlap in Claims
ITT Corp. , 130 A.D.3d 438, 440-441 (1st Dept. 2015) (emphasis and internal quotation marks omitted)) We have previously written about the application of the doctrine to pre-contractual representations (
- Incorporated by Reference
frequently arises when one party disputes whether the terms of extrinsic documents were indeed made part insurer’s “incorporation by reference” argument and stated: In our view, defendants' reliance upon the doctrine Shark , 222 A.D.2d at 252 (citations and quotation marks omitted). agreement, the doctrine of incorporation by reference is grounded on the premise that the material to (Citations and internal quotation marks omitted.)
- Words Have Meaning
Cenral Park Studios, Inc. , 144 A.D.3d 552, at 552-553 (1st Dept. 2016)). Jeffrey M.
- Fraud Complaint That Seeks Damages Different From Contract Found Not To be Duplicative of Contract Claim
Appellate Division, First Department addressed the duplication issue, finding that the fraud claim, in part The First Department modified the motion court’s order as to the fraud claim, in that it reinstated part at 491-92 (internal quotation marks and citations omitted). (citation and quotation marks omitted). of specificity with which those facts are alleged matter, both in terms of the duplication of claims doctrine Rolls-Royce Corp. , 570 F.3d 849, 853 (7th Cir. 2009) (internal quotation marks omitted).
- The Second Department Holds, as a matter of First Impression, that a Party’s Attendance at a Mandatory Settlement Conference Pursuant to CPLR 3408 Does Not Constitute an Appearance for Purposes of ...
Hall , 185 A.D.3d 1006 (2 nd Dep’t 2020) (citation and internal quotation marks omitted). Martinez , 181 A.D.3d 470, 471 (1 st Dep’t 2020) (citations, internal quotation marks and brackets omitted (Citations, internal quotation marks and brackets omitted.) (Citation and internal quotation marks omitted.)
- Death of a Litigant
Brown , 230 A.D.3d 657, 658 (2 nd Dep’t 2024) (citations and internal quotation marks omitted); see Miglio , 197 A.D.3d 776, 777 (2 nd Dep’t 2021) (citations and internal quotation marks omitted). Wells Fargo , 197 A.D.3d at 777 (citation and internal quotation marks omitted). (citations and internal quotation marks omitted). (citations and internal quotation marks omitted). Eds.
- BCL § 626(c): Demand Futility
approval cannot meet the test of business judgment.’” 16 “The business judgment rule is a common-law doctrine Corp. , 75 N.Y.2d 530, 538 (1990) (internal quotation marks and citation omitted).
- Disclaimers of Reliance on Representations Concerning the Condition of a $6 Million Property Stand in the Way of Viable Fraud Claims
In addition, the “special facts” doctrine can trigger a duty to disclose. Under this doctrine, a duty to disclose arises “‘where one party’s superior knowledge of essential facts In the context of real estate transactions, “New York adheres to the doctrine of caveat emptor and imposes the seller’s agents thwarted the plaintiff’s efforts to fulfill his responsibilities fixed by the doctrine In Comora , the Court did not address whether the caveat emptor doctrine barred the plaintiffs’ fraud
