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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).

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

one imposed by law where there has been no agreement or expression of assent, by word or act, on the part Clark-Fitzpatrick , 70 N.Y.2d at 388-89 (citation, internal quotation marks and ellipses omitted; emphasis Greene , 216 A.D.3d 648, 650 (2 nd Dep’t 2023) (citation and internal quotation marks omitted). Bank, N.A. , 130 A.D.3d 569, 570 (2 nd Dep’t 2015) (citation and internal quotation marks omitted);

America Movil, S.A.B. de C.V. , 17 N.Y.3d 269, 276 (2011) (internal quotation marks and citation omitted aside written agreements, namely, duress, illegality, fraud, or mutual mistake”) (internal quotation marks In 1933, Westheim fled Nazi Germany for Paris and left his collection with Charlotte Weidler (“Weidler The motion court granted the motion, holding, in part, that the Release barred the action. Here, the doctrines of contractual release and res judicata apply to the Release and 1974 stipulation

(citation and internal quotation marks omitted). VisionChina , 109 A.D.3d at 60 (citation and internal quotation marks omitted). strictly construe CPLR § 6201 “in favor of those against whom it may be employed” ( Hume v. 1 Prospect Park

Schiffman , 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part Matles , 185 A.D.3d 703, 706 (2 nd Dep’t 2020) (citations and internal quotation marks omitted).  Davidson , 202 A.D.3d at 882 (citations, internal quotation marks and brackets omitted); see also U.S

Regarding the court’s equitable powers, we stated: CPLR 5001(a) provides, in relevant part that “in Williams , 121 A.D.3d 1098, 1101–02 (2 nd Dep’t 2014) (numerous citations and internal quotation marks Kaur , 172 A.D.3d 1392, 1394 (2 nd Dep’t 2019) (citation and internal quotation marks omitted).  the court addressed interest calculation reductions when faced with unexplained delays on lender’s part (Citations and internal quotation marks omitted.)

previously discussed in our prior BLOGS, and by way of brief background, CPLR 3215(c) provides, in pertinent part Doe , 2025 WL 322930 at *1 (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) Jonathan H.

Chang , 137 A.D.2d 371, 373 (1 st Dep’t 1988) (citation and internal quotation marks omitted). the whole property, taken together, will be greatly injured or diminished in value if separated into parts several rights or interests in the whole: in other words, whether the aggregate value of the several parts (citation, internal quotation marks and ellipses omitted).

(Citations, internal quotation marks, ellipses, and brackets omitted.) [Citations, internal quotation marks and brackets omitted Finally, the Court, in addressing the appropriateness

The Brothers operated a parking lot, as well as a flea market, on the three lots. The parking lot and the flea market are the only sources of income for Corner and Mall. The parking lot is a cash business. The parking lot is open five days a week, all year round except for snow days. In early 2017, Nissim charged Avraham with under-reporting the number of vehicles utilizing the parking

“not bar the fraud claims as against the seller” because “the claims governed by the special facts doctrine As part of the SMT Transactions, Chen Zhong (“Chen”), the principal owner of SMT, also became the Chairman (internal quotation marks and citation omitted). Id. at 492. Id