not duplicative of Plaintiff’s breach of contract claims, “since many of the allegations relate to acts fell within the carve-out to the PSA’s release, which specifically stated that it did not apply to any acts Ofsink solicited Belmont to act as the investment banker on the transactions and Belmont solicited the content of the defendant’s false representations, as well as the details of the defendant’s fraudulent acts , including when the acts occurred, who engaged in them, and what was obtained as a result.

Plaintiff brought the action derivatively on behalf of the Company. judgment rule “is a presumption that<,> in making a business decision<,> the directors of a corporation acted applies because the board is disinterested and thus has no apparent motive to do anything other than act “The duty of the directors of a company to act on an informed basis … forms the duty of care element ”   “ eficiencies” in this decision-making process “are actionable only if the actions are grossly negligent

“Purposeful activities are defined as those with which a defendant, through volitional acts, avails itself Where the defendant acts through an agent, the “plaintiff must convince the court that engaged in purposeful A court may exercise personal jurisdiction if a defendant commits a tortious act outside the state which arising from the act, if he “(i) regularly does or solicits business, or engages in any other persistent used or consumed or services rendered, in the state, or (ii) expects or should reasonably expect the act

; in retaliation for filing a Workers’ Compensation or Disability Benefits claim or testifying before After he was terminated, Moore commenced the action, alleging causes of action against Defendants for With respect to his cause of action for fraud in the inducement, Moore alleged that in November of 2015 Moore cross-moved for summary judgment on both causes of action and sought judgment for unpaid salary American Home Prods.

In 2016, Bank of New York Mellon commenced a foreclosure action against the property in connection with loan taken by the former owners of the property when they purchased the property (the “foreclosure action According to plaintiff, defendants resolved the foreclosure action resulting in Hampton becoming the content of the defendant’s false representations, as well as the details of the defendant’s fraudulent acts , including when the acts occurred, who engaged in them, and what was obtained as a result.

was timely or to raise a question of fact as to whether the action was timely.” Mere suspicion will not suffice as a substitute for knowledge of the fraudulent act. Erbe v. six years from the dates of the alleged acts of fraud.” As noted, the alleged fraud occurred in 2007 and the action was commenced in 2017. Beacon Estates highlights the need for litigants to act on facts and circumstances from which it could

In their complaint, plaintiffs asserted five causes of action: (1) breach of the implied covenant of of General Business Law (“GBL”) § 349; (4) fraud in the inducement; and (5) breach of the Franchise Act Plaintiffs moved for partial summary judgment seeking judgment on their claim for breach of the Franchise Act The motion court denied plaintiffs’ claim for summary judgment on their Franchise Act claim. Plaintiffs appealed the denial of summary judgment on the Franchise Act claim and the dismissal of the

County Sept. 6, 2023) ( here ), the court was asked to determine whether the Justice for Injured Workers Act Comp. § 118-a) (the “Act”), enacted on December 30, 2022, should be applied retroactively or prospectively As discussed below, the court held that the Act should be applied retroactively. Pacheco is an action to recover damages for personal injuries. In opposition, plaintiff argued that the Act, which was enacted on December 30, 2022, warranted the denial

The duty of care requires the fiduciary to act as a reasonable and prudent person would act in a similar The duty of loyalty requires the fiduciary to act in good faith and with the best interests of the person He cannot fairly act for his interest and the interest of others in the same transaction. The duty of candor requires the fiduciary to act with honesty. AmÉrica MÓvil, S.A.B. de C.V. , 17 N.Y.3d 269, 279 (2011) (“When the party to whom a misrepresentation

The rule does not, however, protect directors who “passively rubber-stamp[] the acts of active corporate Immelt Background Gammel arose out of the alleged acts and omissions of the current and former members merely “describe the duties of each committee” that “causally relat those duties to the purported acts related to the chase plane, or their alleged failure to act. plaintiffs failed to allege any facts from which the Court could infer that the Director Defendants acted

“would permit a judgment for a sum of money only”; (b) the party demanding a jury trial files “an action for dower; for waste; for abatement of and damages for a nuisance”; (c) the demanding party files an action and proceedings law”; and (d) the demanding party files “any other action in which party is entitled Aug. 3, 2023) ( here ), “the complaint either joins legal and equitable causes of action arising out American Home Prods. Corp. , 136 A.D.2d 229, 232 (2d Dept. 1989)).

American Stevedoring Inc. , 105 A.D.3d 178, 183 (1 st Dep’t 2013) (“If usury can be gleaned from the a rate of interest higher than the statutory lawful rate, it would be immaterial whether the lender actually The defendants defaulted in appearing in an action commenced by the plaintiff for breach of the agreement judgment was entered, the defendants moved, inter alia , to vacate the judgment and to dismiss the action rather than a purchase of future receipts under which repayment was contingent upon the … defendants’ actual