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797 results found for "park doctrine"
- Voiding a Contract on the Basis of Economic Duress
Nov. 21, 2019) ( here ), the Appellate Division, Third Department, addressed the economic duress doctrine in a dispute over the purchase and sale of four McDonald’s restaurants, holding that the doctrine did The court also granted other parts of defendants’ cross motion seeking summary judgment on their counterclaims Takeaway The doctrine of economic duress requires the party asserting it to demonstrate that the duress If the party asserting the defense has a reasonable alternative, the doctrine is unavailable to him/her
- Scrivener’s Error and Mutual Mistake
the equitable remedy of rescission or reformation if entered under a mutual mistake. 1 To invoke the doctrine
- QUESTIONS OF FACT EXIST AS TO PLAINTIFF’S STANDING TO COMMENCE ACTION WHERE FORM OF COMPANY CHANGED FROM CORPORATION TO LLC
County of Albany , 3 N.Y.3d 475, 479 (2004) (citations, internal quotation marks and brackets omitted Accordingly, the question of whether a plaintiff has standing is “is a threshold determination, resting in part (citations internal quotation marks and brackets omitted). (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.)
- Second Department Once Again Finds that Evidentiary Failures Regarding Lender’s Standing in Mortgage Foreclosure Action Warrant Reversal of Judgment of Foreclosure and Sale
Arias, 121 A.D.3d 973, 973-74 (2nd Dep’t 2014) (citation and internal quotation marks omitted). Aurora, 25 N.Y.3d at 361 - 362 (citations, internal quotation marks and brackets omitted). (Citations, internal quotation marks and brackets omitted.)
- Court Finds the Exchange of Consideration With Respect to Alleged Oral Agreement Involving An At-Will Employee
provide the 75 units of equity in Patch that was promised to plaintiff; (2) pay commissions owed as part plaintiff’s affidavit, allege that plaintiff was promised 75 equity units in Patch by Patch’s CEO, in part Seward Park Hous. Corp. , 79 A.D.3d 425, 426 (1st Dept. 2010). Lebedev v.
- For Whom the Interest Tolls
Freiberger A significant part of the amounts due to a lender in a mortgage foreclosure action is interest 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 Dept. 2014) (numerous citations and internal quotation marks Armstrong , 218 A.D.3d 738, 739 (2nd Dept. 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
- Personal Jurisdiction and the Vacatur of Defaults
Smith, 219 A.D.3d 938, 941-42 (2 nd Dep’t 2023) (citations and internal quotation marks omitted). Lewis, 190 A.D.3d. at 911 (citations and internal quotation marks omitted). Stolzberg, 165 A.D.3d at 625 (citations, internal quotation marks and brackets omitted). (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- If At First You Don’t Succeed, Try, Try Again, Particularly If CPLR 306-b is Involved
Industry Groups, LLC , 213 A.D.3d 479, 480 (1 st Dep’t 2023) ( citing Leader , internal quotation marks (Citations and internal quotation marks omitted.) (Citations, internal quotation marks, ellipses, and brackets omitted.) (Citation and internal quotation marks omitted.) (Citations, internal quotation marks, ellipses, and brackets omitted.)
- Fraud Notes: N.Y. Supreme Courts Address Fraud and Fraudulent Inducement Claims
between plaintiff William Yuen (“Yuen”) and defendants Pangea Capital Management LP (“Pangea”) and Mark Id . at 491-92 (internal quotation marks and citations omitted). The issue on which the Court focused its decision involved the duplication of claims doctrine – that Under the duplication of claims doctrine, New York courts will not permit fraud-based claims to survive The duplication of claims doctrine preserves the distinction between claims sounding in contract and
- The Three Factors That Determine Whether a Financing Arrangement Is a Loan Under New York Law
Defendants appealed from an order granting the motion in part and awarding damages and attorneys’ fees Schreiber Co., 172 A.D.2d 456, 457-458 (1st Dept. 1991) (internal quotation marks and citations omitted Corp., 239 A.D.3d 787, 788 (2d Dept. 2025) (internal quotation marks omitted); see Adar Bays, 37 N.Y.3d /IV Therapeutics PLLC (appeal No. 2), 219 A.D.3d 1126, 1127 (4th Dept. 2023) (internal quotation marks 181 A.D.3d 664, 665-666 (2d Dept. 2020). [9] Bridge Funding, 240 A.D.3d at 1188 (internal quotation marks
- How Much Can A Subcontractor Collect on Its Mechanics’ Lien?
(Citation and internal quotation marks omitted.) (Citations, internal quotation marks and brackets omitted.) [Citations, internal quotation marks and brackets omitted.]
- Fraud Notes: Timeliness in Fraud Litigation – Discovery Rule Saves Some Claims, Bars Others
(internal quotation marks omitted); see Cruz v. Corp., 239 A.D.3d 875, 878 (2d Dept. 2025) (internal quotation marks omitted). [4] Vilsack v. Meyer, 96 A.D.3d 827, 828 (2d Dept. 2012) (alteration and internal quotation marks omitted; see CPLR Lipszyc, 221 A.D.3d 992, 994 (2d Dept. 2023) (internal quotation marks omitted); see Sargiss v. Magarelli, 12 N.Y.3d 527, 532 (2009). [6] Sargiss, 12 N.Y.3d at 532 (citation and internal quotation marks
