In order to “establish prima facie entitlement to judgment as a matter of law in an action to foreclose and not the mortgage, is the dispositive instrument that conveys standing to foreclose under New York law

Zaveri , an action that involves numerous areas of the law about which we frequently write -- mortgage CPLR 205(a) is a “remedial” statute that “has existed in New York law since at least 1788” and can [t judicial interpretation; and whether the enactment itself reaffirms a legislative judgment about what the law

Among the securities laws applicable to investment companies, is the Investment Company Act (“ICA”). defendants committed fraud and breached their fiduciary duties to the Fund (among other securities law Fund’s filings with the SEC, and (ii) allegedly misleading the Board about defendants’ past securities law Jersey, charges defendants with violating antifraud and other provisions of the federal securities laws

Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “‘Whether an agreement is ambiguous is a question of law for the courts … Ambiguity is determined by The Court found that defendants demonstrated their prima facie entitlement to judgment as a matter of law (citing Limited Liability Company Law § 608; Matter of Andris v. 1376 Forest Realty, LLC , 213 A.D.3d

to extend the limitations period for a foreclosure action; rather, it identifies General Obligations Law “unilateral” acts, including lenders’ “unilateral ability to toll or extend the time prescribed by law

of the first Constitution in 1777, i.e. , matters traditionally triable before a jury in a court of law to a jury trial “may be waived by the parties in all civil cases in the manner to be prescribed by law Section 4101 of the Civil Practice Law and Rules (“CPLR”) provides that the party may demand a jury trial files “any other action in which party is entitled by the constitution or by express provision of law “plaintiff acknowledged in two of her causes of action that she did not have an adequate remedy at law

Haber In today’s article, we examine three principles of law that can spell the end of a litigation: Derivative A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to wrong has occurred.[23] Although there are exceptions to the rule (not applicable in Goldman), the law executed in reliance upon contrary oral representations.”[24] Goldman reiterates this basic principle of law Akers, 88 N.Y.2d 189, 193 (1996) (quoting Business Corporation Law § 626 (a)). [10] Auerbach v.

that an “RPAPL 1304 notice is a notice pursuant to the Home Equity Theft Prevention Act (Real Property Law Notwithstanding any other provision of the laws of this state, this filing shall be made electronically

Do mandatory arbitration clauses prevent class action lawsuits? The CFPB announced the highly anticipated rule after years of study required by the Dodd-Frank law. Given the tenor of the times under the Dodd-Frank regime, however, it is likely that class action lawsuits

The common law doctrine of caveat emptor is a well-accepted rule of law in New York.

guaranteed: ‘(1) in all those cases to which it would have traditionally been afforded under the common law EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY this regard, said the Court, “ he parties waived a jury ‘to the fullest extent permitted by applicable law ’ and not just for claims at law but for all claims ‘now existing or hereafter arising … whether in contract The Court found that IBM ha chosen to affirm the agreements and maintain an action at law for compensatory

Partition actions are governed by Article 9 of the Real Property Actions and Proceedings Law (“RPAPL partition and sale cause of action, “establishe his prima facie entitlement to judgment as a matter of law has no interest in specific property of the limited liability company" ( Limited Liability Company Law