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Hall, 185 A.D.3d 1006 (citation and internal quotation marks omitted). the office of plaintiff’s counsel, paid the principal balance due on the loan and received a receipt marked Martinez, 181 A.D.3d at 470 (citations, internal quotation marks and brackets omitted). Hall at 2 (some internal quotation marks, brackets and ellipses omitted).

Importantly, the doctrine does not apply to the facts. Wein , 6 N.Y.3d at 483. Application of the doctrine is limited. Matter of Arbitration No. It is a doctrine of last resort. Duferco , 333 F.3d at 389. The doctrine is “limited to the rare occurrences of apparent egregious impropriety on the part of the The petitioner bears a heavy burden when invoking the doctrine.

Petroleum Kings, LLC , 199 A.D.3d 666 (2 nd Dep’t 2021) (citations and internal quotation marks omitted The process server’s affidavit indicated that the mailing envelope was not marked “personal and confidential ” and did not have any markings on it indicating that the mailing was from an attorney or otherwise related However, in actuality, the envelope was not marked “personal and confidential,” but did have some markings extent the address was his business address, the envelope’s extensive litigation-related information markings

Income Fund, L.P. v Citibank, N.A. , 84 A.D.3d 588, 589 (1st Dept. 2011) (internal quotation marks omitted Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks and citation omitted). Finally, the Court held that the duplication of claims doctrine did not bar the fraudulent inducement

(citations and quotation marks omitted). Dec. 1, 2020) ( here ), a case in which the plaintiff avoided the duplication of claims doctrine by alleging

“The ‘law of the case’ doctrine is a rule of practice which provides that once an issue is judicially After concluding that the motion court correctly dismissed the action under the law of the case doctrine

Petrocelli Group, Inc., 19 N.Y.3d 730, 735 (2012) (citation, internal quotation, internal quotation marks Id. at 969 (citations and internal quotation marks omitted). (citation and internal quotation marks omitted).

[Citation, internal quotation marks and ellipses omitted; hyperlink added.] (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)

(internal quotation marks omitted). In addition, under the doctrine of definiteness, the court must be able to determine what, in fact, the part the motion seeking dismissal of the cross-claims. has itself actually participated to some degree in the wrongdoing cannot receive the benefit of the doctrine In Pizzarotti , the Court found that the doctrine did not apply because Phipps was alleged to be the

certain in its material terms, there can be no legally enforceable contract.” 11 In addition, under the doctrine

Schiffman , 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense , the foreclosing lender must demonstrate its compliance with the statute as part Matles , 185 A.D.3d 703, 706 (2 nd Dep’t 2020) (citations and internal quotation marks omitted). Davidson , 202 A.D.3d at 882 (citations, internal quotation marks and brackets omitted); see also U.S (Citation, internal quotation marks and ellipses omitted.)

Schiffman, 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part Davidson, 202 A.D.3d at 882 (citations, internal quotation marks and brackets omitted); see also U.S. County of Albany, 3 N.Y.3d 475, 479 (2004) (citations, internal quotation marks and brackets omitted) For the most part, the facts in Nationstar are routine.