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797 results found for "park 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
- Court Holds That A Common Interest Agreement Bars Disclosure of Material Protected by The Attorney-Client Privilege
Slip Op. 05732 ( here ), the Court made clear that “the common interest doctrine applies to protect otherwise The doctrine originated in the context of criminal cases, where the courts “allowed the attorneys of Emery , 211 Minn. 547, 2 N.W.2d 413 (1942), the court extended the doctrine to civil litigation. In New York, the Court of Appeals, first recognized the common interest doctrine in People v Osorio , Epstein, The Attorney-Client Privilege and the Work-Product Doctrine 277 <5th ed 2007> ).
- Second Department Dismisses Two Mortgage Foreclosure Actions For Failure to Comply With RPAPL 1306
Yapkowitz, 199 A.D.3d 126, 131 (2nd Dep’t 2021) (some citations and internal quotation marks omitted; (citations and internal quotation marks omitted, emphasis added).
- What Is The Faithless Servant Doctrine And Why Is It A Potent Weapon For Employers?
The Faithless Servant Doctrine In New York: The doctrine first appeared in New York in the late nineteenth Violating the Doctrine Can Result in A Harsh Result: The penalty for violating the doctrine is harsh had another opportunity to consider the doctrine. The question, however, is whether the doctrine is fair? But, should the employer benefit too by strict application of the doctrine?
- Mistake, Memory, and Misunderstanding: Why the Release Still Stood
AmÉrica MÓvil, S.A.B. de C.V., 17 N.Y.3d 269, 276 (2011) (internal quotation marks and citations omitted Phillips, 121 A.D.3d 1232, 1234-1235 (3d Dept. 2014) (internal quotation marks and citations omitted) . [3] Centro, 17 N.Y.3d at 276 (internal quotation marks and citation omitted); see Cames v.
- Can You Limit Liability for Your Own Negligence in a Contract
Aggressor Fleet Ltd. , 1995 WL 322148 (S.D.N.Y. 1995) (citations, internal quotation marks and brackets Jewelers Protection Services, Ltd ., 81 N.Y.2d 821, 823 (1993) (citation and internal quotation marks Colnaghi , 81 N.Y.2d at 823 – 24 (citation and internal quotation marks omitted); see also Diniro v. the inspection and disclose in its report, since those omissions constituted gross negligence on its part
- Statute of Limitations: Accrual for Breach of Fiduciary Duty Claims
damages are sustained.”[8] This is so because, “absent either repudiation or removal, the aggrieved part Blavatnik, 144 A.D.3d 24, 28 (1st Dept. 2016) (internal quotation marks and citations omitted). [7] Id 12 N.Y.3d at 140. [9] Matter of George, 194 A.D.3d 1290, 1293 (3d Dept. 2021) (internal quotation marks citation omitted). [10] Matter of Steinberg, 183 A.D.3d 1067, 1071 (3d Dept. 2020) (internal quotation marks
- The Appellate Division, Third Department, Holds that Retroactive Application of the Foreclosure Abuse Prevention Act (“FAPA”) Does Not Violate Due Process
The lender’s summary judgment motion was granted in 2011, but the case was “marked off” the calendar 1301 to add subparagraph 4, which provides that “ f an action to foreclose a mortgage or recover any part applicable statute of limitations , any other action seeking to foreclose the mortgage or recover any part (Citations and internal quotation marks omitted.) <(citations, internal quotation marks and brackets omitted.)> The Court went on to discuss that, in light
- First Department Finds Half-Truths, Concealment and Justifiable Reliance in Affirming Alleged Fraud-Based Claims in a Mortgage Foreclosure Action
information arises when there is a fiduciary relationship between the parties, or when the special facts doctrine “Under the ‘special facts doctrine,’ a duty to disclose arises where one party’s superior knowledge of The special facts doctrine requires the satisfaction of a two-prong test: the material fact omitted was Inc. , 146 A.D.3d 683, 684 (1st Dept. 2017) (internal quotation marks omitted). Consequently, the special facts doctrine applied. Id .
- Appellate Division, Third Department, Issues Monetary Sanctions against Attorney for Misuse of GenAI in the “First Appellate Level Case In New York” To Do So
(Citations and internal quotation marks omitted.) [Citations, internal quotation marks and footnotes omitted.]
- Want to Bring A Breach of Contract Action? Don’t Forget to Identify the Provision Alleged to Have been Breached and The Elements of Contract Formation
In addition, under the doctrine of definiteness, the court must be able to determine what, in fact, the In pertinent part, the “Corporate Guarantee” that Antonelos and Bannon executed stated that they “personally The Court rejected defendant’s argument, holding that it “misses the mark.” Slip Op. at *3. interest in and to the trademark London Fog and Tower Design and certain variations thereof (the “Licensed Mark ”), exclusively licensed the Licensed Mark to Mondani for use in connection with the design, manufacture
- Agreements That Are Not Loans Are Not Subject to New York’s Usury Statutes
Schreiber Co., 172 A.D.2d 456, 457-458 (1st Dept. 1991) (internal quotation marks and citations omitted Euro–Quest Corp., 29 A.D.3d 895, 895 (2d Dept. 2006) (internal quotation marks omitted). [7] K9 Bytes
