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878 results found for "creditors rights"
- Court Compels Production of Joint Defense Agreement As Not Protected By Privilege
permitting parties to withhold relevant information.[6] Consequently, the burden of establishing any right
- Enforcement News: SEC Charges Los Angeles-Based Actor and His Company with Operating a $690 Million Ponzi Scheme
SEC’s complaint (here), Horwitz falsely claimed to have a track record of successfully selling movie rights to Netflix and HBO when, in fact, neither Horwitz nor 1inMM had ever sold any movie rights to, or done
- NEW YORK COURT OF APPEALS REAFFIRMS THAT LEASE LANGUAGE DETERMINES OUT OF POSSESSION LANDLORD’S LIABILITY TO THIRD PARTIES
upon the lessor a liability in tort at the suit of the lessee or of others lawfully on the land in the right Because the tenant had the right and control to repair the defects in the driveway, the Court concluded landlord's promise to make repairs will induce the tenant to forego repair efforts which he otherwise might In determining that, in light of the holding, the lessor in Putnam was liable to the plaintiff, the Moreover, although maintained the right to enter the facility to make repairs if the tenant failed to
- First Department Holds that Term Sheet is Not a Binding Contract
such provision of the “term sheet” required plaintiff to negotiate exclusively with We Work for the right
- Deacceleration Letters Under The Foreclosure Abuse Prevention Act
Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to
- Arbitration Decided By Dispositive Motion Held Not To Violate CPLR 7511(b)
Under that section, a court may vacate an award if the rights of the movant were prejudiced by: (1) corruption But the failure to do so here is not a violation of defendants’ due process rights.” 12 The Court explained inquiry into factual issues.” 18 Today, the major ADR organizations include within their rules, the right
- Two-Year Discovery Rule Does Not Save Fraud Claim From Dismissal
was defrauded, the courthouse doors will, nevertheless, close on the litigant who sits on his or her rights
- Guaranty Provision Referencing “Other Obligations” Held Insufficient To Defeat Motion For Summary Judgment In Lieu Of Complaint
provides for accelerated judgment where the instrument sued upon is for the payment of money only and the right
- Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
Under CPLR § 7511, an arbitral award may be vacated: if the rights of a party were prejudiced by “(1) Under CPLR § 7511(b)(iii), a court may vacate an arbitrator’s award where it finds that the rights of withdrawal of an equity partner extinguished that partner’s interest in the partnership and his or her rights
- Wills, Promises to Perform, Representations to Third Parties and Loss Causation
beneficiary under defendant’s 2013 Will, enjoys only ‘only expectancy interests and not vested legal rights holding that a fraud claim is not actionable where “the allegations at best suggest that” the “plaintiff might
- Collateral Estoppel and Failure To Plead Fraud With Particularity: A One, Two Punch
exercise certain powers of appointment under Grace’s will, and the impact that would occur to plaintiff’s rights notice and an opportunity to be heard; damages plaintiff sustained because of the waiver of plaintiff’s right
- Third-Party Beneficiaries and Contract Interpretation
benefits, the putative third-party beneficiary will be deemed an intended beneficiary if “recognition of a right
