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Freiberger Today’s Blog article addresses the issue of waiver of lease rights. Frequently, litigation involves the question of whether a party waived certain of its rights; whether “A valid waiver requires no more that the voluntary and intentional abandonment of a known right which The defendant, landlord, moved for summary judgment declaring that the plaintiff had no rights under its prima facie entitlement to judgment as a matter of law by showing that the defendant waived its right

outside the State of New York) in New York.[1] Simply stated, armed with a money judgment, a judgment creditor If the judgment creditor complies with the requirements of CPLR 5402(a), CPLR 5402(b) permits the foreign Since CPLR § 5402(a) specifically excludes judgments obtained by default, a foreign judgment creditor The plaintiff in Cadlerock was a judgment creditor who obtained a money judgment, by default, in North Accordingly, in 2023, the judgment creditor commenced an action by moving for summary judgment in lieu

There are several mechanisms by which a judgment creditor can enforce a money judgment against a judgment appeal, the Community Court was required to consider “whether a presumption of joint tenancy with rights as though the Box was rented in his or her name alone … and each may have access to the Box and the right account, making a deposit of cash, securities, or other property, a presumption of joint tenancy with right Court found that the box rental agreement made plain that Chitrik and Wife were joint tenants with rights

reargue, and ultimately held that defendant’s discharge in bankruptcy did not extinguish plaintiff’s right ’s right to repayment. right to repayment. ’s right to foreclose on the mortgage survives or passes through the bankruptcy.” after the debtor’s personal obligations have been extinguished , the mortgage holder still retains a right

Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to

Query: does the recipient of an assignment via a contract or a note automatically have the right to assert Under New York law, the assignment of the right to assert contract claims pursuant to a contract or note does not automatically give the recipient of the assignment the right to assert tort claims arising The First Department held that the plaintiff had not relinquished his right to pursue any claims for SureFire opposed, claiming that the In-Kind Subscription Agreement transferred all “rights, title and

(and, therefore, the waiver) if he/she amends the answer within the time frame for amendments as of right to have waived the defense if the defendant corrects the omission prior to the time to amend as of right The Court found that defendant’s amendment as of right cured the omission of including the jurisdictional defense: “Having added it to his amended answer within the time frame for amendments as of right under We hold that a party who adds such a defense by an amendment as of right “raise such objection in the

because the subject “Bank of America Equity Maximizer Agreement and Disclosure Statement” for a line of credit other things, the subject agreement required the repayment of not a sum certain, but “the total of all credit Dep’t 2016), also found that the lender “cannot make a prima facie case based solely on the line of credit an unequivocal promise to pay a sum certain, the subject agreement merely shows that had a line of credit

the UVTA, there remain scores of cases in the court system that were filed under the former Debtor Creditor that render a debtor insolvent and that were made without fair consideration, were fraudulent as to creditors for which the capital remaining after the conveyance was unreasonably small, were fraudulent as to creditors regardless of intent; DCL § 275 (conveyance by defendants to the detriment of current and future creditors , fraudulent as to both present and future creditors.”

GGI had “the exclusive right to arrange for any capital needs associated with the Venture.” pleading stage, a plaintiff may rely on “badges of fraud” to allege “intent to hinder, delay, or defraud creditors the meaning of the Colorado Uniform Fraudulent Transfer Act § 38-8-109(2) and the New York Debtor and Creditor One River Run also affirms the principle that creditors can rely on “badges of fraud” and asset-stripping

Under CPLR § 5402(a), to recognize a foreign judgment, a judgment creditor must: (1) file the foreign If the judgment creditor complies with the requirements of CPLR § 5402, under CPLR § 5402(b), the foreign Since CPLR § 5402(a) specifically excludes judgments obtained by default, a foreign judgment creditor Thus, where a foreign judgment creditor satisfies the requirement for recognition in Article 53 or 54 Plaintiff claimed the right to do so pursuant to Article 53 of the CPLR.

states are enforceable in New York (and other sister states as well) by virtue of the “Full Faith and Credit article IV, section 1) of the Unites States Constitution (the “Clause”), which provides: Full faith and credit stated: Under our Federal structure, each State has its own judicial system capable of adjudicating the rights The purpose of the full faith and credit clause was to avoid such conflicts and weld the independent The Farmland Court noted that generally criminal judgments are not entitled to full faith and credit