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797 results found for "park doctrine"
- Fraud Notes: A Little of This. A Little of That
In addition to the duplication of claims doctrine, we have discussed the particularity requirement under May 20, 2021) ( here ),although the plaintiffs relied on the group pleading doctrine, the First Department concerned the justifiable reliance element of a fraud cause of action and the duplication of claims doctrine
- Sometimes One Bite at the Apple is All You Get
Nurmamatov , 206 A.D.3d 488 (1 st Dep’t 2022) (citation and internal quotation marks omitted). Grand Union , 270 A.D.2d 447 (2 nd Dep’t 2000) (citation and internal quotation marks omitted); CPLR (citations and internal quotation marks omitted). Yogev , 194 A.D.3d 996, 997 (2 nd Dep’t 2021) (citations and internal quotation marks omitted). (Citation and internal quotation marks omitted.)
- CONTRACT INTERPRETATION IN THE TIME OF COVID
Freiberger A significant part of commercial business dealings involves the drafting and interpretation (citations, internal quotation marks, ellipses and brackets omitted). Bear Co., Inc. v. 538 Madison Realty Co. , 1 N.Y.3d 470, 475 (2004) (citation and internal quotation marks (citation and internal quotation marks omitted). Century Indemnity Co. , 30 N.Y.3d 508, 518-19 (2017) (citation and internal quotation marks omitted).
- Conditional Acceptance, Conflicting Testimony and An Alleged Oral Agreement
Duane Reade , 98 A.D.3d 403, 404 (1st Dept. 2012) (internal quotation marks and citations omitted), aff Wing Yuen Realty , 283 A.D.2d 165, 166 (1st Dept. 2001) (internal quotation marks and citation omitted plaintiff’s cause of action for breach of contract seeking specific performance by application of the doctrine of part performance. Hurley , 134 A.D.3d 1191, 1193 (3d Dept. 2015) (citations and quotation marks omitted).
- Fraud Notes: Opinions Based on Flimsy Information Can Be Fraudulent, Privity, and Duplication
Slip Op. 06816 (Dec. 09, 2025), we examine the duplication doctrine. [1] RSD857 involved allegations The motion court granted in part, and denied in part the motion. By decision and order dated August 21, 2024, the motion court granted the motion in relevant part.
- Second Department Resolves Contract, Fiduciary Duty and Fraud Claims Involving Joint Ventures that Develop Real Property
Goldman, Sachs & Co. , 5 N.Y.3d 11, 19 (2005) (citations and 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). Benjamin is also important for its application of the novation doctrine. typically occurs in the context of the original parties and a third party, Benjamin is an example of the doctrine
- Standing in Residential Mortgage Foreclosure Actions and the Applicability of RPAPL 1302-a to Defaulting Borrower
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 Arias, 121 A.D.3d 973, 973-74 (2nd Dep’t 2014) (citation and internal quotation marks omitted). clarification of decisional law" (Sharan v Christiana Trust, 219 AD3d 1549, 1551 [internal quotation marks
- Defamation Per Se and Defamation by Implication: Meeting the Heightened Pleading Standard
In connection with the APA, defendant agreed to work part-time for plaintiff for the purpose of providing to affirmatively suggest that the author intended or endorsed that inference.’” [23] “The second part Independent Health Assn., Inc. , 208 A.D.3d 1052, 1054 (4th Dept. 2022) (internal quotation marks omitted 129 A.D.3d 1453, 1453 (4th Dept. 2015). [2] Fika Midwifery , 208 A.D.3d at 1054 (internal quotation marks (internal quotation marks omitted). [4] Slip Op. at *2. [5] Id. [6] Id. , citing Accadia , 129 A.D
- Federal Preemption: The FAA Trumps GBL 399-c’s Prohibition of Mandatory Arbitration Agreements
agreements in consumer transactions are prohibited. 7 In that regard, GBL § 399-c provides, in relevant part In pertinent part, the clause provided that “ANY AND ALL CLAIMS BE RESOLVED BY INDIVIDUAL ARBITRATION The court held that “ efendants are entitled to enforce of the Lease pursuant to the doctrine of equitable (Citations and internal quotation marks omitted). here,=">here</a>," and="and" >here.=">here</a>.
- Champerty and Fraud . . . What a Combination!
We also examined the champerty doctrine in 2020 ( here ) and 2016 ( here ). But what is champerty? champertous transactions is codified in Section 489 of the Judiciary Law, which provides in relevant part Ultimately, IKB SA was placed into liquidation as part of the German government’s bailout of IKB SA’s The court granted in part and denied in part the motion. (citation and internal quotation marks omitted). Slip Op. at *8 (quoting, Universal Inv.
- Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process
Staropoli , 94 A.D.3d 1083, 1084 (2 nd Dep’t 2012) (citations and internal quotation marks omitted); Gonzalez , 170 A.D.3d 1107, 1108 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). As part of the diligence process, process servers must make “genuine inquiries about the defendant’s Stolzberg , 165 A.D.3d 624, 625 (2 nd Dep’t 2018) (citations and internal quotation marks omitted). (citations, internal quotation marks and brackets omitted).
- Fraud Notes: Fraud That Overcomes a Pleaded Defense and Impermissible Group Pleading
the Editis Defendants, each had an economic interest in the Agreement such that the economic interest doctrine established that Vivendi and Bolloré ‘acted to protect own legal or financial stake in the breaching part County of Nassau, Off. of County Attorney , 61 N.Y.2d 739, 742 (1984) (internal quotation marks and citation Pludeman , 10 N.Y.3d at 491 (internal quotation marks and citation omitted). Id. at 492. Id.

