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calls for proceedings for the entry of judgment,” which implicates “the court's authority to determine rights

occurs when “a plaintiff receives direct, definitive notice that the defendant is repudiating his or her rights

Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to Kator , 213 A.D.3d 915 (2 nd Dep’t 2023)), in which, inter alia , the Court adopted a bright-line rule

the lease, the parties agreed that the premises would be “used and occupied solely as a first class NIGHT and the Governor’s executive orders prevented it from exclusively operating the subject premises as a night Since a night club was not an essential business under the Governor’s executive orders, Plaintiff claimed Emergency measures and their impact on the legal rights of parties, as in 1877 Webster Avenue , will

notice of termination” 8 and (b) “plaintiff failed to cure, so that defendant then had a contractual right to have evinced an intent to abandon the contract by her failure to take any steps to preserve her rights Its own action in writing that letter was an affirmative step inconsistent with enforcing its rights

Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to

Ace transferred all rights in the trust and arising under the MLPA to HSBC, in its capacity as a trustee nominally" different from the plaintiffs in the original action insofar as it seeks to enforce the "same rights in CPLR 205 (a) to authorize commencement of a new action by any entity seeking to pursue the "same rights commencing the second action is not the original plaintiff, application of CPLR 205 (a) would protect the rights

When a person releases another from claims or the threat of claims, he/she is giving up the right to In his capacity as majority Unitholder, Moorjani also had the right to provide consent to amend, modify Each Settlement Letter further provided the plaintiffs a conditional right to an upward adjustment of Defendant asserted that the complaint should be dismissed in its entirety in light of the contractual to the final Appraisal Value, and in his capacity as holder of the majority of Units the exclusive right

voidable. 22 An unconscionable contract is one which “is so grossly unreasonable or unconscionable in the light itself against deception, it should not be denied recovery merely because hindsight suggests that it might First, the motion court found that plaintiff expressly waived its right to assert any claims arising concluded the motion court, “by executing the agreement, plaintiff clearly and unambiguously waived its right

2016, defendant entered into a licensing agreement with plaintiff that gave plaintiff the exclusive right into a conflicting license agreement with Sakar where it also granted Sakar many of the same exclusive rights (a)(1) and (7), arguing that the dispute resolution provision in the parties’ agreement gave it the right

Manhattan real estate acquisition through yet‑to‑be‑formed entities, with ownership interests, management rights

The Fidelity Account was held by defendants and their daughter as joint tenants with the right of survivorship