“The point at which breach of a contract will be redressable by specific performance thus must lie not portion or all of its assets it must comply with various provisions of New York’s Religious Corporations Law (“RCL”) and Not-For-Profit Corporation Law (“NPC”).  Laws of N.Y., Book 7B, C.P.L.R. C3211:10 at 22. the complaint as true, accord plaintiffs the benefit of every cognizable legal theory"' ( Rudovic v Law

caused violations of, the antifraud, recordkeeping, and other provisions of the federal securities laws and desist from committing or causing violations of the relevant provisions of the federal securities laws

The law recognizes that while parties are generally free to allocate risk through contract, a release In lieu of filing an answer, defendants moved to dismiss the complaint on the basis that the release Under New York law, a plaintiff who has released fraud claims cannot later challenge the release unless information is being withheld or that a transaction may be more valuable than represented, New York law

Unregistered securities offerings are prohibited under the federal securities laws unless an exemption antifraud, securities registration, and broker-dealer registration provisions of the federal securities laws antifraud, securities registration, and broker-dealer registration provisions of the federal securities laws

The law is settled that when “a contract for the sale of real property does not make time of the essence , the law permits a reasonable time in which to tender performance, regardless of whether the contract After discussing the general law on time of the essence letters, the Court noted that seller’s April However, the Court, relying on the “well settled” law that “oral waiver of the time for the sale of real

that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law summary judgment has proven a valuable, practical tool for resolving cases that involve only questions of law   “ erfunctory claim of law office failure” are insufficient to “excuse a late motion, no matter how First, the calendaring error on which counsel blames the late filing amounts to no more than law office

limitations/acceleration in mortgage foreclosure actions 1 and Real Property Actions and Proceedings Law On January 20, 2021, one of the borrower’s “heirs-at-law,” conveyed the Property to plaintiff, Trento Cuomo) No. 202.8 (9 NYCRR 8.202.8), which tolled the statute of limitations for many lawsuits and proceedings Further, consistent with the law in this State that Executive Order 202.8 constitutes a toll ( see Brash

certificate of occupancy and believed that any issue regarding the barn had been resolved through a boundary line the certificate of occupancy ‘was readily ascertainable from the public record.’”[8] Under New York law As noted, in such transactions, the law does not impose a duty on the seller or the seller’s agent to

Pursuant to General Obligations Law §5-501(1) , interest on a loan or forbearance “shall be six per centum per annum unless a different rate is prescribed in section fourteen-a of the banking law.”  Banking Law §14-a(1) provides that the “maximum rate of interest provided for in section 5-501 of the general obligations law shall be sixteen per centum per annum.”  Failure to abide by usury laws could have significant repercussions. 

Counsel for the defendant in Kurian , supra , was suspended from the practice of law during the pendency Defendant retained a lawyer who appeared and interposed an answer, but was later suspended from the practice of law.  based on CPLR 321(c), and stated: Here, the defendants' attorney was suspended from the practice of law

As discussed below, Rubin highlights the intersection of bankruptcy law, corporate transactions, and or that the debtor reasonably should have known about, vest in the bankruptcy estate by operation of law

that a fraud claim be pleaded with particularity can be found in Section 3016(b) of the Civil Practice Law Three C involved the statute of limitations applicable to a claim of fraud.[9] Under New York law, “a The Court explained that “[t]he facts presented … did not conclusively demonstrate, as a matter of law