Plaintiff also alleged a cause of action for unjust enrichment and sought a vendee’s lien on the subject Under General Obligations Law § 5-703 (3), an agreement to buy and sell real property “will be barred or memorandum thereof is in writing and subscribed by the party to be charged therewith, or by his lawfully Eppich , 78 A.D.3d 1360, 1361 (3d Dept. 2010), quoting General Obligations Law § 5-703 (3).

Management, LP (“ACM” or the “Partnership”), a limited partnership organized and existing under the laws Under New York law, a written agreement that is clear and unambiguous on its face must be enforced according

any party or attorney in any civil action or proceeding before the court, except where prohibited by law “In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions “Conduct is frivolous if (1) it is completely without merit in law or fact and cannot be supported by a reasonable argument for the extension, modification, or reversal of existing law; (2) it is undertaken

to generate returns as well as a practice that is fraudulent and violative of the federal securities laws When used fraudulently, cherry-picking violates the securities laws. The SEC charged defendant with violating antifraud and other provisions of the federal securities laws

Impossibility “is an affirmative defense under New York law against liability for nonperformance of a Petroleos De Venezuela, S.A. , 82 F.4 th 144, 154 (2 nd Cir. 2023) (applying New York law).  generally “limited to the destruction of the means of performance by an act of God, vis major, or by law

2026), the Appellate Division, First Department, reaffirmed a bedrock principle of New York contract law and missing material terms.” [8] Takeaway Kassirer  reaffirms a core principle of New York contract law

Since inception of this Blog, we have written about many types of fraud, such as affinity fraud, common law Co. , 253 N.Y. 159, 163 (1930) (holding, “ f the signer is illiterate, or blind, or ignorant of the alien Under New York law, “ party to a writing is presumed to have read and understood the document which

businesses to require consumers to arbitrate their disputes rather than litigate their claims in a court of law agreements to arbitrate are “valid, irrevocable, and enforceable, save upon such grounds as exist at law , not state law, “governs issue” of arbitrability.” 6 This is critical when, as in Lobel , a state law ( e.g. , GBL § 399-c) is inconsistent with federal law. Since the FAA governed the issue, defendants claimed that the FAA pre-empted any state law provision,

Accordingly, Walker fell behind in its property tax payments and the resulting tax lien certificates The bankruptcy court denied Walker’s motion to sell the Property, holding that, under New York law, the Court relying on In re Rodgers , 333 F.3d 64 (2003), in which the Second Circuit, applying New York law Section 1194 of the Real Property Tax Law permits the owner of a tax lien to “foreclose the lien as in The court further recognized that, under New York law, it is the foreclosure sale, and not the delivery

with a statutory mechanism by which he/she can secure a defendant’s assets during the pendency of a lawsuit In effect, an order of attachment is a lien against the defendant’s property. The Law in New York Article 62 of the Civil Practice Law & Rules (“CPLR”) governs prejudgment attachment

that a fraud claim be pleaded with particularity can be found in Section 3016(b) of the Civil Practice Law Motor Car Funding, Inc. , 257 A.D.2d 287, 292 (1st Dept. 1999) (citations omitted); Springut Law PC v (citing Springut Law ,157 A.D.3d at 646; ID Beauty S.A.S. v. Coty Inc.

The Doe Court noted that although “a court has the discretion to accept law office failure as a reasonable excuse, such excuse must be supported by detailed allegations of fact explaining the law office failure