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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

Patella, 279 A.D.2d 604, 605 (2nd Dep’t 2001) citations and internal quotation marks and brackets omitted [Citations, internal quotation marks and brackets omitted.] Jonathan H.

County of Albany , 3 N.Y.3d 475, 479 (2004) (citations, internal quotation marks and brackets omitted Accordingly, the question of whether a plaintiff has standing is “is a threshold determination, resting in part (Citation and internal quotation marks omitted.)

Once a debtor files for bankruptcy, all assets, including potential legal claims, become part of the Castro, 196 A.D.3d 680, 682 (2d Dept. 2021) (alteration and internal quotation marks omitted), and citing Howell Co., LLC, 193 A.D.3d 822, 823 (2d Dep. 2021) (alteration and internal quotation marks omitted)

judgment of foreclosure and sale to include as the amount due, the amount the parties stipulated to as part Bank N.A. v Losner, 145 AD3d at 938 [internal quotation marks omitted]).

an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part (Citations and internal quotation marks omitted.)  (Citations and internal quotation marks omitted.)  (Citations and internal quotation marks omitted.) (Citations and internal quotation marks and brackets omitted.) 

of Christ Calvary Parish , 24 A.D.3d 476, 477 (2 nd Dep’t 2005) (citations and internal quotation marks Altshuler , 129 A.D.3d at 1442 (citations and internal quotation marks omitted). 

Adar Bays, 37 N.Y.3d at 331 (citations and internal quotation marks omitted).  Geddes Savings and Loan Ass’n. , 63 N.Y.2d 254, 262 (1984) (citations, internal quotation marks and brackets (Citation and internal quotation marks omitted.)

because of the indisputable fact that Denise was not Salvatore’s legally married spouse during any part because of the indisputable fact that Denise was not Salvatore’s legally married spouse during any part The Court also found that under the “continuous duty doctrine,” Salvatore was liable for Fund payments Any possible misunderstanding on Mattesi’s part as to Denise’s spousal connection or non-connection to Salvatore – even in the face of the Judgment of Divorce – not play any role in wresting any part of

Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id . Holdings Inc. , 21 N.Y.3d 626, 631 (2013) (adopting the doctrine from federal law and citing federal Under this doctrine, “a nonsignatory may be compelled to arbitrate where the nonsignatory ‘knowingly

On appeal, the Fourth Department modified the order by granting the motion in part and dismissing the Although defendant never physically entered New York as part of her relationship with plaintiff, she Rudzewicz , 471 U.S. 462, 475 (1985) (internal quotation marks omitted); see generally LaMarca v. Pak-Mor Mfg. Co. , 95 N.Y.2d 210, 216-217 (2000). See Sager v. Walker , 490 F.3d 239, 251 (2d Cir. 2007) (internal quotation marks omitted), and citing Centrifugal

speculative.” 8 To determine whether the plaintiff sustained out-of-pocket losses, courts employ a two-part Note: “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer Peebles offer.” 22 The Court rejected the ADC defendants’ argument that any fraudulent intent on their part Corp. , 75 N.Y.2d 530, 538 (1990) (internal quotation marks and citation omitted).