Search Results

Dynamic Credit Partners, LLC , 210 A.D.3d 605, 607 (1 st Dep’t 2022).  consolidation exist, a motion to consolidate should be granted “absent a showing of prejudice to a substantial right   … Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation

reasonable.”[10] The courts should not, however, “rewrite the plain contractual language in an effort to right

its findings of fact, or the submission of the case to a court during a bench trial, operates as a bright filing of a motion to confirm, reject, or modify the referee's report is subject to the due process right

Defendant is hard-pressed to explain how plaintiff could have pursued her rights without setting forth by any measure be concluded that the substantive issues underlying Plaintiff’s New York City Human Rights afforded a full and fair opportunity to litigate Plaintiff’s retaliation claim under New York City Human Rights With respect to res judicata, the substantive issues underlying Plaintiff’s New York City Human Rights afforded a full and fair opportunity to litigate Plaintiff’s retaliation claim under New York City Human Rights

Liability Company Law, enumerating the powers conferred on all limited liability companies, includes the right shall not limit or impair the validity of any contract or act of such limited liability company, or any right party under or by virtue of any contract, act or omission of such limited liability company, or the right other party to maintain any action or special proceeding on any such contract, act or omission, or right to make information about LLC’s ‘available to the public in a manner which reinforces the public’s  right

Beginning with the 2012 season, MASN had to pay rights fees to the Nationals at “fair market value,” In determining the fair market value of the Nationals’ rights fees, the RSDC is to apply “the RSDC’s The parties were unable to agree upon a fair market value for the Nationals’ telecast rights for the Its final award, issued on June 30, 2014, valued the Nationals’ rights at an average of approximately to any discovery in a dispute regarding rights fees.

Amendments relying on the Lenders’ alleged oral promises to refrain from exercising their contractual rights

that the power of a court to declare the law only arises out of, and is limited to, determining the rights In this regard, “an appeal will be considered moot unless the rights of the parties will be directly defendants were, inter alia, trespassing and injuring her property, took no legal action to enforce her rights pandemic-related restrictions, the prohibitions challenged in this case are no longer in effect the rights

for the payment of money only within the meaning of CPLR 3213.” 5 “CPLR 3213 is available ‘where a right April 24, 2020, which was to mature and be fully due and payable on December 31, 2020 – approximately eight-months both present and future, and “unconditionally and expressly waive ... all defenses, counterclaims, rights

derivative actions to apply foreign law on substantive issues, including those affecting a party’s right

Plaintiffs could exercise their first renewal right until September 1, 2025. variance with the intent of both parties. 10 When a party seeks reformation, he or she “‘must establish right Matter of New York Agency & other Assets of Bank of Credit & Commerce Intl. , 90 N.Y.2d 410, 424 (1997

Kelly and asked to speak to someone at Nestle and Froneri to assure them that LMM and Tenex were the right