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797 results found for "park doctrine"
- Choice of Law: Always a Thorny Issue
Moreover, Hallac specifically admitted to using Class TT’s $17.7 million investment to repay part of Judiciary Law § 489, New York’s champerty statute, provides, in relevant part: No person ... shall solicit The purpose of the champerty doctrine is “to prevent or curtail the commercialization of or trading in Love Funding Corp. , 13 N.Y.3d 190, 198 (2009) (quotation marks and citation omitted). “ hile has been Unclean hands is equivalent to in pari delicto and such an argument “is not a defense to a fraudulent
- Fraud Notes: Two Cases and The Examination of Scienter
This was due, in part, to certain apartments being subject to the Home Written Agreement. Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v. Forkosh , 142 A.D.3d 286, 292 (1st Dept. 2016) (brackets and internal quotation marks omitted), lv. denied Co. , 147 A.D.3d 610, 612 (1st Dept. 2017) (internal quotation marks omitted)). Id.
- Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department
Fiore , 165 AD3d 823, 826 (2d Dept. 2018) (internal quotation marks omitted). Fontanetta v. John Doe 1 , 73 A.D.3d 78, 84—85 (2d Dept. 2010) (internal quotation marks omitted); see also Cives Corp Schochet , 190 A.D.3d 698, 699 (2d Dept. 2021) (internal quotation marks omitted). Qureshi v. Supp. 743, 752 (S.D.N.Y. 1984) (internal quotation marks omitted).
- Second Department Finds No Issues of Fact as to Whether Defendant Should be Estopped from Asserting a Statute of Limitations Defense
Statutes of limitations are an important part of litigation. fraudulent inducement, misrepresentation or deception are sufficient to invoke the equitable estoppel doctrine plaintiff must demonstrate reasonable reliance on the defendant’s misrepresentations to invoke the doctrine demonstrates the importance of satisfying the justifiable reliance element of the equitable estoppel doctrine
- Court Finds Settlement Offer Memorialized and Subscribed in Email Sufficient to Constitute an Enforceable Agreement
Gelco Corp., 109 A.D.3d 244, 247-248 (2d Dept. 2013) (internal quotation marks omitted). [2] Id. [3] CPLR 2104 provides, in relevant part that “An agreement between parties or their attorneys relating to or reduced to the form of an order and entered.” [4] Forcelli, 109 A.D.3d at 248 (internal quotation marks
- Court Denies Stay of Parallel State Court Action involving Similar, Though Not Identical, Securities Laws Violations
could stay litigation of the 1933 Act claims in the Gross action under the Colorado River Abstention Doctrine Cal. 2011) (staying state law claims under the Colorado River Doctrine while allowing 1934 Act claims Note: Under the Colorado River Abstention Doctrine, a federal court may abstain from exercising its jurisdiction Defendants can also seek abstention under the Colorado River Abstention Doctrine, as suggested by Justice
- FIRST DEPARTMENT REVERSES DISMISSAL OF PERSONAL INJURY ACTION DESPITE PLAINTIFF’S PRIOR EXECUTION OF A GENERAL RELEASE
Centro , 17 N.Y.3d at 276 (citation and internal quotation marks omitted). (Citation and internal quotation marks omitted. (Citation and internal quotation marks omitted.) In Ivaasyuk v.
- Second Department Rejects Buyer’s Cause of Action for Specific Performance
Donovan , 96 A.D.3d 415 (1 st Dep’t 2012) (citation and internal quotation marks omitted). Harriman Estates Development Corp. , 96 N.Y.2d 409, 415 (2001) (citations and internal quotation marks Kaufman , 27 A.D.3d 816, 818 (3 rd Dep’t 2006) (citations and internal quotation marks omitted).
- Court Sends Case to Arbitration Under Broad Arbitration Clause
Kampeas , 87 A.D.3d 421, 422 (1st Dept. 2011) (internal quotation marks omitted). Id. Corp. , 9 N.Y.3d 331, 341 (2007) (internal quotation marks omitted) and citing Ragone , 595 F.3d at 120
- Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id. at 49-50. (internal quotation marks omitted). Schiferle v. Schiferle , 155 A.D.3d at 127 (internal quotation marks omitted). Caso v. Slip Op. at *2 (citations and internal quotation marks omitted). Id. Wien , 6 N.Y.3d at 481 (internal quotation marks omitted).
- Court Declines to Play Along with Defendant’s Game of “Catch Me If You Can”
Defendant claimed that he resides, and has resided, in Paris, France. , but noted that in his supporting documentation, defendant failed to provide the street address in Paris He must now try to find where defendant lives in Paris and then spend the resources necessary to serve
- Summary Judgment Sought Even Though Summary Judgment in Lieu of Complaint at Plaintiff’s Disposal
Electron Power, Inc. , 37 N.Y.2d 151, 154 (1975) (citations and internal quotation marks omitted). [3 ] Weissman , 88 N.Y.2d at 443-44 (citations, internal quotation marks and footnote omitted). [4]
