satisfies one of the statutory reasons for modification or vacatur provided by New York Civil Practice Law conclude, without any fact-finding or legal analysis, that arbitration of the matter is prohibited by law Respondents argued that under longstanding case law, the Beth Din’s award must be vacated. law”. Under Rabbinical law the distribution of assets that are not owned by an individual because they were

CPLR 3025(d) states that, " xcept where otherwise prescribed by law or order of the court, there shall

The Executive Law authorizes the Governor to issue executive orders, including those like the ones issued Executive Law § 29-a(1) provides that “ ubject to the state constitution, the federal constitution and , the governor may by executive order temporarily suspend specific provisions of any statute, local law Executive Law 29-a(2)(d) , which places limitations on the “suspensions pursuant to subdivision one of Respondent further urged that while some of the Executive Orders contained “toll” language, Executive Law

obligations, that defendant was able to convey the property, and that there was no adequate remedy at law While money damages in an action at law may “afford a full and complete remedy” to make a plaintiff whole “The point at which breach of a contract will be redressable by specific performance thus must lie not Although the determination of reasonableness is usually a question of fact, it may become a question of law

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys

When the writing is silent on a matter, New York’s Partnership Law will fill in the gaps left by the Similarly, if there is no writing or the agreement contains provisions contrary to law, the provisions of the Partnership Law will control the relationship. Where the very existence of the association is at issue, the Partnership Law instructs that the sharing See Partnership Law § 11(4).

It is equally well-settled law that parties engaged in an arm's-length business transaction are not fiduciaries Lender agreed to subordinate and make junior the Mezzanine Loan, the Mezzanine Loan Documents and the liens Takeaway There are two types of fiduciary relationships: 1) those created by law ( e.g. , statute) or

plaintiff failed to allege reasonable reliance on any misrepresentation, holding that “[a]s a matter of law Court held that “the sellers demonstrated their prima facie entitlement to judgment as a matter of law

In so doing, the Second Department adopted a “bright-line rule.”  Kessler, 202 A.D.3d 10 at 16.   argued that the Court’s strict interpretation  of 1304 reflected a significant departure from existing law found, among other things, that Kessler ’s strict interpretation of 1304 had ample support in the case-law the Court said, should be done in a manner that “avoid an unreasonable or absurd application of the law certain disclosure requirements under federal law . 

In New York, the statute of frauds is found in General Obligations Law § 5-701 through 5-705. The lower section, appearing below a  line drawn in the middle of the page, had the subject heading “ in exchange for Bombart’s 75% interest, to pay $8 million in addition to paying off the mortgage and liens Slip Op. at *1 (citing General Obligations Law § 5-703 (1); Bergman v.

nothing more than an “alter ego” or instrumentality of the officer or member.[3] Because “New York law Under New York law, a corporation is considered to be a “mere alter ego when it ‘has been so dominated S., Inc., 933 F.2d at 139-141 (specifically detailing the evidence demonstrating the “blurred” “lines

was interposed as against defendants Roy Moussaieff (Roy) and Yousef Althkefati.”[3] Under New York law Consistent with settled law, the Court held that only a specific disclaimer of reliance tied to the particular