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797 results found for "park doctrine"
- Second Department Cancels and Discharges of Record A Mortgage Pursuant to RPAPL 1501(4)
or has not, been paid; and also whether the mortgage in question was, or was not, given to secure a part Patella, 279 A.d.2d 604 (2nd Dep’t 2001) (citations, internal quotation marks and internal brackets omitted Trust Co. v Adrian, 157 AD3d 934, 935 [internal quotation marks omitted]).
- Giving Two Contract Provisions Their Intended Meaning
Philles Records , 98 N.Y2d 562, 569 (2002) (internal quotation marks and citation omitted). Id. Giancontieri , 77 N.Y.2d 157, 162 (1990) (internal quotation marks and citation omitted). Perlbinder , 65 A.D.3d at 987 (internal quotation marks omitted). Slip Op. at *1 (citing U.S.
- Attorney’s Fees Provision Found Unconscionable
Taliercio , 8 A.D.3d 476 (2 nd Dep’t 2004) (citations, internal quotation marks and brackets omitted (Internal quotation marks and brackets omitted.)
- “Variety is the Spice of Life” -- Service of Process under CPLR 308(4)
Molyaev, 235 A.D.3d 648, 649 (2nd Dep’t 2025) (citations and internal quotation marks omitted); see also As part of the diligence process, a process server must make “genuine inquiries about the defendant’s to a neighbor regarding the defendant’s whereabouts”; and, (3) defendant disclosed his employer as part Finding diligence on the process server’s part in PNMAC, the Court stated: Here, the plaintiff submitted [Citations and internal quotation marks omitted.]
- Hussian V. U.S. Bank National Association A Concise Primer On Federal Court Jurisdiction For Non-Lawyers
(Internal quotation marks omitted.) (Citation and internal quotation marks omitted.) challenging the state court foreclosure proceedings should be dismissed under the Younger abstention doctrine (Citations and internal quotation marks omitted.) The scope of the Younger abstention doctrine has been limited to three types of state court proceedings
- 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
Simonsen , 208 A.D.3d 1167, 1169 (2 nd Dep’t 2022) (citations, internal quotation marks and brackets (Citations, internal quotation marks and brackets omitted.)
- Breach of Contract and Judicial Dissolution of Partnerships
A.D.3d 603, 603 (2d Dept. 2015). [3] Greenfield, 98 N.Y.2d at 569 (alteration and internal quotation marks Co. of Pittsburgh, Pa, 25 N.Y.3d 675, 680 (2015) (citation and internal quotation marks omitted). [5]
- SECOND DEPARTMENT FINDS LOAN IS NOT SUBJECT TO USURY LAWS BECAUSE PRINCIPAL VALUE EXCEEDS $2,500,000
v. 18East 17 th Street Owners, Inc. , 79 N.Y.2d 735, 740 (1992) (citations and internal quotation marks Seidel , 79 N.Y.2d at 740 (citations, footnote and internal quotation marks omitted). Babad , 192 A.D.3d 843, 845 (2 nd Dep’t 2021) (citations, internal quotation marks and ellipses omitted
- Mortgage Contingency Clauses Revisited
, and the question becomes whether the lender's revocation was attributable to any bad faith on the part Ebert Irrevocable Trust , 163 A.D.3d 623, 624 (2 nd Dep’t 2018) (citations and internal quotation marks Haghighi , 661 Fed Appx 110 at 5 (2d Cir. 2016) (citation and internal quotation marks omitted). (Citations, internal quotation marks, brackets and ellipses omitted.) on the basis that the revocation of the loan commitment was not attributable to any bad faith on his part
- Complaint Dismissed Because Notice Given to Oust General Partner Pursuant to Partnership Agreement Was Not Sent Derivatively
Program Risk Mgmt., Inc. , 147 A.D.3d 122, 132 (3d Dept. (2017) (citation and internal quotation marks Yudell , 99 A.D.3d at 114 (internal quotation marks and citations omitted); Maldonado v. Maldonado , 140 A.D.3d at 1504 (internal quotation marks and citation omitted).
- Second Department Affirms Order Denying Motion to Strike a Note of Issue and Certificate of Readiness
Mazella-White , 60 A.D.3d 1047, 1049 (2d Dept. 2009) (internal quotation marks omitted)). Park Dev. Corp. , 61 A.D.3d 954, 955 (2d Dept. 2009).
- When is a Contract Impossible to Perform? Under New York Law, Rarely
impossible to perform are limited, defendants (those accused of breaching a contract) asserting the “doctrine The Doctrine of Impossibility “ he excuse of impossibility of performance is limited to the destruction The Court of Appeals affirmed the Third Department’s ruling, holding that the impossibility doctrine The Court explained that the doctrine is “applied narrowly, due in part to judicial recognition that The Court found that Kel Kim could not avail itself of the doctrine because its “inability to procure
