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Search results for "lien law"

1208 results found for "lien law"

  • 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

  • First Department Definitively Holds that an Account Stated Cause of Action is Independent, and Not Duplicative, of a Breach of Contract Cause of Action

    Freiberger Today’s BLOG article touches on two areas of the law on which we have previously written – “To establish its prima facie entitlement to judgment as a matter of law to recover on an account stated The plaintiffs in Aronson are law firms that represented the defendant in a divorce proceeding pursuant After discussing the law on account stated, the Court recognized that it “has issued numerous decisions summary judgment on an account stated claim based on the defendant's receipt and retention of a plaintiff law

  • Arbitrators to Decide Whether Arbitration Agreement Survived the Termination of The Parties’ Substantive Agreement

    against defendant for age discrimination and retaliation pursuant to the New York State Human Rights Law , New York State Labor Law, and New York City Human Rights Law.

  • Referee Fees

    an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law As a result, the Referee, who was the managing partner of a law firm, was forced to defend himself, and amount of $139,000.00 was fair and reasonable because he had to, inter alia, defend three frivolous lawsuits After all, “[i]t has long been established that frivolous lawsuits typically warrant the awarding of statutory impediment to [the requested] award which overrides the general principles enunciated in the case law

  • Failure to Pierce the Corporate Veil Proves Fatal to Contract Claim Against Principal of Defendant and Related Entities

    Haber To pierce the corporate veil under New York law, a plaintiff must satisfy a two‑part test and plead The Governing Law It is well settled that a corporation only acts through its officers, directors and As discussed, Borini shows how difficult it is under New York law to hold a business owner personally Waters , 890 F.2d 594, 601 (2d Cir. 1989) (applying New York law)).  Smith 2019 Irrevocable Trust v. 11 W. 12 Realty LLC , 240 A.D.3d 432, 433 (1st Dept. 2025); Springut Law

  • SEC Awards $22 Million to a Company Insider Who Helped Uncover a Well-Hidden Fraud

    this whistleblower’s courage, information, and assistance, it would have been extremely difficult for law

  • SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity Plans

    in place so that an outsider can ascertain who the key players are, what they do, and who is next in line An experienced business law attorney can help your firm design a continuity and transition plan.

  • There is No Absolute Privilege to Defame Another in Court Papers

    by plaintiff.” 10 “Whether particular statement[ is] considered defamatory per se is a question of law an employer to a former employee’s prospective employer, communications made by an individual to a law Miserendino (“Miserendino”) and her law firm, commenced the action against defendants, John J. Separately, Cai allegedly made defamatory statements about Miserendino to her former law partner with Shortly after the meeting, the former law partner used Cai’s alleged oral statements as the basis for

  • Is it A Usurious Loan or The Sale of a Receivable?

    Haber In our last article ( here ), we examined a choice-of-law provision that, if applied, would violate In that case, Virginia law, which does not prohibit usury, was deemed “so violative of New York’s public policy that the choice-of-law provision” at issue was deemed invalid.  the court was examining the terms of a loan agreement – a requirement under the General Obligations Law cannot show that the Agreement is a criminally usurious loan.” 11 Footnotes Under General Obligations Law

  • The Appellate Division, Third Department, Holds that Retroactive Application of the Foreclosure Abuse Prevention Act (“FAPA”) Does Not Violate Due Process

    judicial interpretation; and whether the enactment itself reaffirms a legislative judgment about what the law The Legislature enacted FAPA to clarify existing law to ensure that statutes of limitations provide finality Here, the Legislature rejected case law that would allow noteholders to abuse the foreclosure process extending the statute of limitations to the detriment of homeowners and it acted to overrule such case law

  • FINRA Issues Regulatory Notice Affirming Arbitration Rights

    firms and registered representatives, the real issue in customer disputes tends to be the selection of law

  • Enforcement News: SEC Charges Bank With Misleading Investors About The Strength Of Its BSA/AML Compliance Program And Its Monitoring of Crypto Customers

    banks and other financial institutions. 1 The BSA is designed to, among other things, enable U.S. law Crimes Enforcement Network (“FinCEN”) whenever they “detect[] a known or suspected violation of Federal Law SAR “lack basic information regarding the Five Essential Elements … SAR s deficient as a matter of law identify and report suspicious activity; and that they provide sufficient detail in their reports to law with violating certain of the antifraud and books-and-records provisions of the federal securities laws

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