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1208 results found for "lien law"
- Plaintiff’s Allegations and Records Show Its Claim Was Time Barred
the claim, the motion court awarded her attorneys’ fees under the proprietary lease and Real Property Law successful in her defense to the complaint, under the terms of the proprietary lease and the Real Property Law
- Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department
in denying defendants’ motion to dismiss plaintiffs’ claims alleging violations of General Business Law civil practice rules (CPLR 3211(7) and CPLR 3211(a)(1)) that the Court applied, in addition to the law utterly refute the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law "> “To successfully assert a claim under General Business Law § 349 or § 350, a party must allege that pursuant to CPLR 3211(a) to dismiss the sixth cause of action, alleging violations of General Business Law
- Business Judgment Rule Bars Claim That Board Treated Shareholder Differently Than Other Shareholders
Haber It has long been the law that the business judgment rule applies to the decisions made by boards into actions of corporate directors taken in good faith and in the exercise of honest judgment in the lawful that plaintiffs failed to rebut the standard of review imposed by the business judgment rule, and the lawful
- Enforcement News: Video Game Company Agrees to Pay $35 Million To Settle Charges Concerning Whistleblower Protection Rule and Maintenance of Adequate Disclosure Controls
success of the program with respect to detecting and preventing violations of the federal securities laws fraudulent conduct on Wall Street and promote compliance with the federal securities and commodities laws impede an individual from communicating directly with the Commission staff about a possible securities law employment contracts to silence and discourage employees from reporting violations of the securities laws former employees from communicating directly with the Commission staff about a possible securities law
- The Relation-Back Doctrine Under CPLR 203(c) and (f)
tethered to those against an existing party, though it did so for procedural reasons, such as under the law the action via an amended complaint which, absent opposition and an appeal of that issue, is now the law who has again become an existing presence in the action in a manner that is both uncontested and the law of the case.[20] The Court sought to make it clear that it was not creating new law with regard to the
- The Former DCL Gets Its Day In Court
Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law Under New York’s version of the UVTA, which Governor Cuomo signed into law on December 6, 2019, the State transfers made and obligations incurred after the effective date ( i.e. , April 4, 2020), New York law will be more aligned with the fraudulent transfer laws of most states in the country, as well as with Pursuant to the escrow agreement, the Law Firm was to disburse the funds to COR LLC.
- Improperly “Serving” a Notice to Appoint a New Attorney on Borrower Pursuant to CPLR 321(c), Did Not Serve the Lender Well in a Mortgage Foreclosure Action
The provision’s “command … is straightforward” and “automatically stays” a lawsuit upon an occurrence that falls within its purview and until such time as the conditions to the continuation of the lawsuit retained counsel to defend the action, shortly after being retained he was suspended from the practice of law In its decision, the Court discussed the law on CPLR 321(c) as articulated herein.
- Loans payable in Installments, CPLR 202 and The Applicable Statute of Limitations
statute of limitations had run as the limitations period for breach of contract under North Carolina law action accruing without the state cannot be commenced after the expiration of the time limited by the laws that where the cause of action accrued in favor of a resident of the state the time limited by the laws
- Sometimes a Contract is Ambiguous, and Sometimes it is Not
Under New York law, the question of ambiguity can determine whether a case is resolved on the face of Courts must decide whether ambiguity exists as a matter of law, and if so, whether outside evidence may The Appellate Division, Fourth Department, modified the order on the law by denying the cross-motion
- Vacating a Judgment by Confession Due to Fraud
It is a procedural device whereby the plaintiff or creditor can bypass the commencement of a lawsuit In New York, confessions of judgment are governed by Section 3218 of the Civil Practice Law and Rules detail to satisfy the pleading requirements of CPLR 3016 (b). i.e., an agreement not subject to usury laws causing them to be injured in their business and property.> i.e., an agreement not subject to usury laws concluded “that the amended complaint sufficiently allege that the transaction a loan subject to usury laws
- Enforcement News: SEC Charges Former NBA Star With Misleading Crypto Investors
received in exchange for the promotion” violates “the anti-touting provisions of the federal securities laws According to the SEC, Respondent accepted the tokens as compensation for his promotional services in lieu found that Respondent violated the anti-touting and antifraud provisions of the federal securities laws “This case is yet another reminder to celebrities: The law requires you to disclose to the public from “The federal securities laws are clear that any celebrity or other individual who promotes a crypto asset
- Proposed Amendment to Prayer for Relief Based on Unrealized Profits Incurred as a Result of Alleged Fraud Violates the Out-Of-Pocket Damages Rule
The Court held that such damages were legally insufficient and barred as a matter of law, emphasizing damages based on estimates of what revenues Sire might have earned but for the fraud violated New York law explain how expert discovery would have availed them, because the [motion] court ruled as a matter of law

