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797 results found for "park doctrine"
- Execution of Two Stipulations Proves Fatal to Defendant’s Motion for Relief Under CPLR 317
Hall, 185 A.D.3d 1006, 1007 (2nd Dep’t 2020) (citation and internal quotation marks omitted).[1] Once Taylor, 230 A.D.3d 457, 458 (2nd Dep’t 2024) (citations and internal quotation marks omitted).
- Consequential Damages: Are They Foreseeable?
Section 7.2 (e) of the Subcontract provided, in pertinent part, that if there were delays in the progress If the parties intended to include consequential damages as part of the Subcontract, they would have Co., 277 A.D.2d 125, 125-126 (1st Dept. 2000) (internal quotation marks and citations omitted), lv. dismissed County 2022)) (internal citations and quotation marks omitted). [6] Id. [7] Id. [8] Id. (quoting Bi-Economy Mkt., 10 N.Y.3d at 193 (internal quotation marks and citation omitted)). [9] Id.
- Defendant Successfully Raises Issues of Fact in Promissory Note Action Sufficient to Defendant Summary Judgment Under CPLR 3213
Community Parking Inc. , 108 A.D.3d 487 (1st Dept. 2013); Allied Irish Banks, P.L.C. v.
- Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id. at 49-50. Int’l Bhd. of Teamsters , 561 U.S. 287, 296 (2010) (internal citation and quotation marks omitted)). (internal quotation marks omitted). Id. Carp , 32 N.Y.2d 190, 199 (1973)) (internal quotation marks omitted). Jeffrey M.
- First Department Grants Extension of Time to Serve Summons and Complaint on a Mechanic’s Lien Discharge Bond Surety Under CPLR 306
Barrella , 166 A.D.3d 711, 713 (2 nd Dep’t 2018) (citation and internal quotation marks omitted). (citation and internal quotation marks omitted). (citation and internal quotation marks omitted). (citation internal quotation marks and brackets omitted).
- “TO THE VICTOR BELONGS THE SPOILS” -- UNLESS RULE 202.48 OF THE UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE COUNTY COURT GETS IN YOUR WAY
Rule 202.48 provides, in pertinent part: Section 202.48 Submission of orders, judgments and decrees for Funk, 89 N.Y.2d at 367 (citation and internal quotation marks omitted). Funk, 89 N.Y.2d at 367 (citation and some internal quotation marks omitted).
- To Settle an Order or Not to Settle an Order, That is the Question
§202.48 – “Submission of orders, judgments and decrees for signature”, which provides, in relevant part Funk, 89 N.Y.2d at 367 (citations, internal quotation marks, ellipses and brackets omitted). [Citations and internal quotation marks omitted.]
- Fraud in the Execution and The Two-Year Discovery Rule
Cannariato, 136 A.D.3d 627, 628 (2d Dept. 2016) (alteration and internal quotation marks omitted). [5 Verner, 238 A.D.3d 1128, 1129-1130 (2d Dept. 2025) (alterations and internal quotation marks omitted) York, 235 A.D.3d 1032, 1033 (2d Dept. 2025) (internal quotation marks omitted); see also CPLR 203(g); Frank, 44 N.Y.2d 723, 724-725 (1978). [15] Cannariato, 136 A.D.3d at 628 (internal quotation marks omitted
- Fraudulent Conveyance Claims Dismissed For Failure to Plead Fraud With Particularity
1633 Garage LLC (“Quik Park 1633”). to Quik Park Beekman II LLC (“Quik Park Beekman II”), another entity allegedly controlled by Llopiz. Despite the termination, the various Quik Park-related entities and/or Defendant Quik Park 1633, continued Park Beekman II (the “Quik Park Entities”) for a little over $1.5 million. by Llopiz and/or Quik Park 1633, occupancy of the premises by Quik Park 1633, and the absence of sufficient
- LLC Member Not Liable for LLC’s Debts and Usury
Park Slope Advanced Med., PLLC , 128 A.D.3d 1007, 1008 (2d Dept. 2015). [3] General Obligations Law
- Post Cyan, New York State Court Dismisses Action Under the Securities Act of 1933
holding that the challenged statements were inactionable opinions, protected under the bespeaks caution doctrine The Bespeaks Caution Doctrine The Court found that alleged misstatements about the role of the B2B Business growth prospects of the Company were protected forward-looking statements under the bespeaks caution doctrine Under the bespeaks caution doctrine, “‘alleged misrepresentations in a stock offering are immaterial Notwithstanding, cautionary language about future risk does not insulate a defendant from liability under the doctrine
- Landlords Can Waive Goodbye to Their Lease Rights by Accepting Rent Payments With Knowledge of the Tenant’s Defaults
Cavayero , 184 A.D.3d 801, 802 (2 nd Dep’t 2020) (citations, internal quotation marks and brackets omitted Property Underwriting Assoc . , 205 A.D.3d 970, 972 (2 nd Dep’t 2022) (citations and internal quotation marks Kycia Assoc., Inc. , 45 A.D.3d 531, 533 (2 nd Dep’t 2007) (citation and internal quotation marks omitted
