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878 results found for "creditors rights"
- Revive a Time-Barred Claim in a Mortgage Foreclosure Action Using § 17-105(1) of New York’s General Obligation Law
plead the time that has expired, or a promise to pay the mortgage debt, if made after the accrual of a right General Obligations Law § 17-105(1), "a promise to pay the mortgage debt, if made after the accrual of a right
- SECOND DEPARTMENT CALCULATES DEFICIENCY JUDGMENT IN MORTGAGE FORECLOSURE ACTION
the sale regardless of amount shall be deemed to be in full satisfaction of the mortgage debt and no right
- Contractual Indemnification: Cohen v. Trump Organization LLC
implied “based upon the law’s notion of what is fair and proper as between the parties.” 1 Where the right In addition, Section 7.3 of the agreement provided that the right to indemnification under Section 7.2
- To be a Joint Venture? or Not to Be a Joint Venture – That is the Question
Court, “the record clearly establishe that the parties were merely coordinated lenders, with distinct rights Sommer , 8 N.Y.3d 318, 326-332 (2007); Credit Francais Intl. v. Bank , 8 N.Y.3d at 326-332; Credit Francais Intl. , 128 Misc. 2d at 577-582). Jeffrey M.
- “Missed it by That Much” – CPLR 205-A and FAPA
this article to one of Maxwell Smart’s catch phrases from “Get Smart”, but most of the younger folks might not. [1] In any event, the phrase seems prescient in light of a nuanced FAPA related change to CPLR
- The Appellate Division, Second Department, Addresses Economic Duress and the Voluntary Payment Doctrine
Finally, the Fruchthandler Court also found that plaintiff waived its right to assert an economic duress Prior to the legal fees hearing, Overbay exercised its right of redemption (the right to pay off the as set forth herein, found that “Harbour demonstrated, prima facie, that its exercise of its legal right
- Stockholder Standing and Documentary Evidence
After all, if the plaintiff is not a shareholder of the company, then he or she has no right to vindicate the company’s rights and obtain a judgment on its behalf.
- Second Department Rejects Buyer’s Cause of Action for Specific Performance
Specific Performance is frequently used to enforce a party’s rights under real estate contracts.
- DEATH AND LITIGATION
(b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought In Esses , property was owned by a grandfather and grandson as joint tenants with rights of survivorship
- New York Court of Appeals Holds That Registering to Do Business Does Not Confer General Jurisdiction Over a Foreign Corporation
however, that “ Bagdon must be understood within the historical context in which it was decided” and, in light agent for service of process to conduct business in the forum, the statute does not “condition the right
- Court Considers Whether an LLC is the Holder of “Unsold Shares” Within the Meaning of a Cooperative’s Proprietary Lease
action involving the meaning of a term in the proprietary lease of a co-op apartment building and the rights defendant, Seven Park Avenue Corp., impermissibly determined that Bellstell had lost its unsold-shareholder rights another because of incapacity or death – not merely an agent, but a principal who has been assigned the rights In that regard, observed the Court, the term appeared in a list of parties formally “assigned the rights “Each term,” concluded the Court, “denoted a party that ha taken on the legal rights and responsibilities
- Related Entities Not “Necessary” to Pending Litigation For Intervention Purposes
Ct., Kings County Feb. 1, 2021) ( here ), a case involving intervention as of right under CPLR §1012( Under CPLR §1012(a)(2), a party may intervene as a matter of right “when the representation of the person