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After reiterating why FAPA does not violate a lender’s substantive and procedural due process rights

Defendants contended that, pursuant to the Oral Agreement, plaintiff waived its rights to a percentage further provided that if the defendants failed to cure, then plaintiff would exercise its buy-back rights agreements, if, among other things, defendants “ reach any provision of this ”, then plaintiff had the right dismissed the breach of contract and specific performance claims as they pertained to the buy-back right Co. v Caruso , 73 N.Y.2d 74, 81 (1989)) and a right of constitutional dimension (U.S.

it appears that the defendant threatens or is about to do … an act in violation of the plaintiff’s rights In this regard, the movant must demonstrate its right to the relief, though the evidence submitted need 165, 172-173 (2d Dept.) (“ s to the likelihood of success on the merits, a prima facie showing of a right But, the movant must nevertheless show a clear right to relief which is plain from the undisputed facts and a judgment creditor.

Without leave of court, a party can amend a pleading once, as of right, “within twenty days after its After the expiration of the “as of right” time to amend pleadings, a party can seek the court’s permission purpose of the settlement conference is to further “settlement discussions pertaining to the relative rights

Absent “special circumstances, such as prejudice to a substantial right of the defendant” the court should "Generally such motions should be granted unless the discontinuance would prejudice a substantial right

A replevin action can arise in a number of situations, such as where two or more parties claim a right to possess personal property, but only one has a superior right to that property, or where the property was lawfully withheld but was not released to the person having the greater right to the property. establish that the defendant is in possession of property to which the plaintiff claims a superior right

fees for a temporary modification that he never executed, and made certain payments that were never credited Equitable estoppel is “’imposed by law in the interest of fairness to prevent the enforcement of rights Plaintiff’s estoppel argument is without merit because plaintiff’s purported reliance is not justifiable in light Waiver is “the voluntary and intentional abandonment of a known right which, but for the waiver, would numerous written protests, “it cannot be said that defendant voluntarily and intentionally abandoned his right

movant’s initial burden is a heavy one; on a motion for summary judgment, facts must be viewed in the light Furthermore, all of the evidence must be viewed in the light most favorable to the opponent of the motion existence of a prior balance owed by the corporate defendants to the plaintiff, and or the plaintiff’s right

its principal, whose first language was not English, understood that defendant would retain exclusive rights other instances, ‘subject to’ language has been held to fall short of an express reservation of the right parties' use of the phrase "subject to," standing alone, did not amount to an express reservation of the right

submit.” 6 For this reason, “a party will not be compelled to arbitrate and, thereby, to surrender the right Vocal Arranger Agreement also contained a provision that permitted L&S to assign “all or any part of rights Plaintiff alleged that L&S assigned all of its right related to the musical (Smokey Joe’s Café) to the Plaintiff also contended that he was not aware of another agreement in which L&S assigned the rights Defendants) under the assignment provision of the agreement, which specifically “permitted L&S to assign its rights

proceedings by or against a limited liability company, except where the object is to enforce a member's right underscores that equitable claims cannot be used to revive rights under a void usurious contract.

reconciliation provision in the agreement), the Court held that the “fact that High Roller ha[d] no right