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

1990 (“ATA”) (18 USC § 2331 et seq.), as amended in 2016 by the Justice Against Sponsors of Terrorism Act for risks they create, and the impact of imputing jurisdiction on those injured by a predecessor’s acts for risks they create, and the impact of imputing jurisdiction on those injured by a predecessor’s acts SGBL argued that CPLR 302 expressly provides that an agent’s acts may give rise to personal jurisdiction (holding that successor corporation’s nunc pro tunc ratification and adoption of its predecessor’s acts

Civil Practice Law and Rules (“CPLR”), which codified the Uniform Enforcement of Foreign Judgments Act The Act makes clear that the party seeking recognition of a foreign judgment bears the burden of establishing that the judgment is subject to the Act, while the party resisting recognition has the burden of establishing Cuomo signed into law the Uniform Foreign Country Money Judgments Act, which amended New York’s Uniform Foreign Country Money-Judgments Recognition Act of 1970.

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. from which [the fraud] could be reasonably inferred.’”[11] “Generally, knowledge of the fraudulent act On or about July 8, 2016, plaintiffs commenced the action. the sixth cause of action severed for a separate proceeding.

(“American General”). In November 2009, Pritsker received communications from American General advising him that the Madoff In New York, an employer may be vicariously liable for its employees’ tortious acts on a theory of respondeat employee ‘for purposes of his own departs from the line of his duty so that for the time being his acts The agent cannot by his own acts imbue himself with apparent authority. Hallock , 64 N.Y.2d at 231.

whether the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act” or the “Act”) extends to individuals who have not reported alleged misconduct to the Securities and Exchange Commission (“SEC”) and, thereby, fall outside the Act’s definition of under the Sarbanes-Oxley Act of 2002 and other laws, rules, and regulations. under the Act, argued that the circuit split necessitated action by the Court, and sided with the Fifth

As a general matter, “ atification is the act of knowingly giving sanction or affirmance to an act that would otherwise be unauthorized and not binding.” 1 The elements of ratification are: (1) approval by act , word, or conduct; (2) with full knowledge of the facts of the earlier act, and (3) with the intention of giving validity to the earlier act. to recognize the transaction or occurrence as binding. 3 A ratification may be shown by an express act

of trade secret misappropriation, the allegations supporting the claim must also describe the “(1) acts with a third party, (2) the defendant’s interference with those business relations, (3) the defendant acted cause of action against Sagence and Miraglia), fraudulent inducement (third cause of action against Noting that “ ad faith can be shown through acts of ‘fraud, deception, or an abuse of a fiduciary or “As the acts complained of in both causes of action ‘completely overlap,’” said the Court, the motion

Under Section 10 of the Federal Arbitration Act (“FAA”), a party can vacate or modify an arbitral award So long as the arbitrators act within the scope of their contractually delegated authority, their interpretation Thus, “as long as the arbitrator is even arguably construing or applying the contract and acting within That Ameriprise pleaded “alternative nominal causes of action” did not, said the Court, “remove its claim omitted), the Court found that it could “easily infer that the Award was based on Ameriprise’s cause of action

The lender commenced two actions before commencing the action that is the subject of this article (the “Third Action”). The Court disagreed and, finding that the Foreclosure Abuse Prevention Act (“FAPA”) was inconsistent with such a position, stated: The Foreclosure Abuse Prevention Act (L 2022, ch 821 ; hereinafter FAPA action on an instrument described under , the voluntary discontinuance of such action, whether on motion

complaint charges defendants with violating the registration and anti-fraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934 (“Exchange Act”), and Capuci and Pires with control person liability on behalf of MCC under the Exchange Act.

charged NRIA and the four former executives with violating the antifraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. Platkin, Acting Attorney General, stated: “The fraudulent conduct identified by our Bureau of Securities that undermines public confidence in our financial institutions and – ultimately – in investing,” said Acting promoter is trying to rush an investor into investing with promises of huge returns “but only if you act