Typically, these choice of law provisions only apply to the substantive law of the chosen state. 1 They governed the choice-of-law clause, not New York law. Plaintiff maintained that, under Delaware law, a choice-of-law provision must specify that the agreed . 4 Under the partnership agreement, the parties selected Delaware law as the substantive law to apply Under Delaware law, noted the Court, “choice-of-law provisions apply to issues of substantive law, while

Vehicle and Traffic Law § 505(5) requires licensees to notify the DMV of changes of address within ten Similarly, Vehicle and Traffic Law 401(3) requires the same thing for vehicle registrations.  The law in this regard was inconsistent within and amongst the Appellate Division Departments.  The Second Department, however, recently clarified the law (in the Second Department at least). In reaching its decision, the Castillo-Florez Court surveyed the varied case law on this issue. 

Dec. 20, 2023) ( here ), a case involving common law fraud, New York’s lemon law and Section 349 of New York’s General Business Law (“GBL”). The motion court held that Chen’s claim for relief under GBL § 198-a (New York’s Lemon Law) was “baseless because the Lemon Law only applies to consumers.” dismissing the cause of action pursuant to General Business Law § 349.”

Haber This Blog has written about the process known as “summary judgment in lieu of a complaint” on several “cannot be drawn from sources outside the agreement itself.”[6] In other words, summary judgment in lieu Plaintiff moved pursuant to CPLR 3213 for summary judgment in lieu of complaint to recover $35,347,996.44 not be taken as legal advice. [1] To find articles related to the CPLR 3213 or summary judgment in lieu visit the “Blog” tile on our website and enter the search terms “CPLR 3213” and “summary judgment in lieu

(See Lien Law §19(4).)   ( See Lien Law §20 .)   (See Lien Law §20.)  (See Lien Law §20.) (See Lien Law §37.) 

However, there are many nuances to the application of the usury laws in New York.  per annum unless a different rate is prescribed in section fourteen-a of the banking law.”  general obligations law shall be sixteen per centum per annum.”  Daniels , 954 F.3d 460, 465 (2 nd Cir. 2020) (applying New York law). > or more” (General Obligations Law § 5-501<6> ).

Department, on October 30, 2024, and in which it determined, inter alia , that defenses based on Banking Law , inter alia , asserted an affirmative defense based on the lender’s failure to comply with Banking Law The Court sustained the dismissal of the defense based on Banking Law § 6-l. Banking Law § 6-l was promulgated to address abuses of predatory “high cost home loans”. Thus, failure to comply with Banking Law § 6-l is a personal defense that could not be raised by the

the question of whether punitive damages can be awarded to a successful party under General Business Law Notably, the deceptive practice does not have to rise to “the level of common-law fraud to be actionable In fact, “ lthough General Business Law § 349 claims have been aptly characterized as similar to fraud determining whether punitive damages are available to a private plaintiff bringing a General Business Law Co. , 89 N.Y.2d 214, 220-221 (1996) (distinguishing between claims with a common-law source codified

alleged that ABC failed to pay its subcontractors, as required by the Agreements and the New York State Lien Law (“Lien Law”), and instead used the funds for purposes unrelated to the Project, which substantially contract, Plaintiff alleged that ABC defrauded it by, among other things: misrepresenting and certifying lien

Pursuant to General Obligations Law §5-501(1) , interest on a loan or forbearance “shall be six per centum per annum unless a different rate is prescribed in section fourteen-a of the banking law.” Banking Law §14-a(1) provides that the “maximum rate of interest provided for in section 5-501 of the general obligations law shall be sixteen per centum per annum.” usury as a defense to the extent that the usury is criminal under Section 190.40 of New York’s Penal law

="laws. "> Today, New York’s usury law can be found in General Obligations Law §§ 5-501, 5-511, 5-521; Banking Law § 14-a (1); and Penal Law § 190.40. More specifically, the General Obligations Law and Banking Law provide that the maximum rate of interest GOL § 5-501 (1); Banking Law § 14-a (1). GOL § 5-501 (2). Penal Law § 190.40. GOL § 5-511 (1).

Haber New York has a unique mechanism—summary judgment in lieu of complaint—that allows a party to recover