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878 results found for "creditors rights"
- NO GOOD DEED GETS UNDONE (a/k/a BAD DEEDS GET UNDONE)
mortgage, and ‘for a conclusion of law to the effect that Greenpoint is entitled to be subrogated to the rights The Crispino Court also rejected Greenpoint’s argument that it should be equitably subrogated to the rights enriched by her husband’s wrongdoing,” and stated: as assignee of the mortgage, Greenpoint acquired no rights Hence, Greenpoint, which is subject to the same defense, is not entitled to be subrogated to the rights
- Settlement Term Sheet Constitutes Instrument for the Payment of Money Only
ineffective where material terms are left for future negotiation, or the writing expressly reserves the right
- Mortgage Foreclosure Complaint Dismissed, and Mortgage Discharged, As Time-Barred
Eight months later, “the subject property was transferred to Equity .” Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to to take advantage of its own potential breach of paragraph 22(b) to the prejudice of Equity, whose rights
- Letter Declaring Contract Void Ab Initio, Demand for The Return of Down Payment, and Commencement of Litigation Constitutes an Anticipatory Breach of Contract
referred to as “mitigating damages” and generally means that the non-breaching party cannot sit on his/her rights
- Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment
plaintiffs from performing their obligations under the management agreement or deprived them of the right
- Court Finds Issues of Fact Over Intent to Shorten the Statute of Limitations
The provision to which Williams relied, provided that the right to indemnification would “survive Closing In light of this ambiguity, plaintiffs maintained that their claims were governed by the six-year statute that the City issued the notice on June 16, 2017, because it was only then that they possessed a legal right Section 11-2116 (b) of the Administrative Code applied, the Court nonetheless tipped its hand on how it might
- Application of a Company’s By-Laws to Director Deadlock
, the courts in New York held that where a company’s bylaws do not expressly give the president the right For example, Crane, A.G., v. 206 West 41st Street Hotel Assoc LP , involved a fight among shareholders The motion court noted that the bylaws of NW Media did not confer a right on the president to commence
- First Department Holds That Scaffolding and Sidewalk Shed Installed For Construction Project Could Not Support Mechanic’s Lien Because They Were Not “Permanent Improvements”
of lien is the statutory method prescribed by which the party entitled thereto perfects his inchoate right
- Loans payable in Installments, CPLR 202 and The Applicable Statute of Limitations
In 2007, defendants entered into a private loan credit agreement (the “loan agreement”) with Bank of agreement provided that if defendants failed to make any monthly payment when due, Bank of America had “the right
- Complaint Dismissed Because Notice Given to Oust General Partner Pursuant to Partnership Agreement Was Not Sent Derivatively
The pertinent inquiry is whether the thrust of the plaintiff’s action is to vindicate his personal rights
- General Release That Was Entered Because of Defendant’s Fraudulent Misrepresentations Held Not To Be Enforceable
the other Party ... of and from any and all actions, causes or action, suits, losses, liabilities, rights
- Tolling and The Continuing Wrong Doctrine
Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors Appellate Division, First Department in Henry , a case involving a plaintiff who was enrolled in two credit first, the absence of a breach of a recurring duty, and second, the wrongful acts – automatic monthly credit Between the three-month period of the First Closing and transfer of ownership, defendant had the right from purchasing shareholders against the balance of the Purchase Price for the RM Unit” and “had the right
