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797 results found for "park doctrine"
- Courts Will Not Assist An Effort To Enforce An Illegal Contract
(citations, internal quotation marks and ellipses omitted). In Parpal Restaurant, Inc. v. (Some citations, internal quotation marks and ellipses omitted.) Jonathan H.
- Information and Belief Allegations Do Not Suffice to State a Claim for Fraud
Seward & Kissel, LLP , 12 N.Y.3d 553, 559 (2009) (internal quotation marks omitted)). DLA Piper LLP (US) , 134 A.D.3d 610,615 (1st Dept. 2015) (internal quotation marks omitted)). As a legal term, a dictum is any statement or opinion made by a judge that is not required as part of
- Fourth Department Applies the Common-Law “Partial Payment Exception”, which Starts the Statute of Limitations on a Mortgage Foreclosure Action to Run Anew
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). Gurecki , 189 A.D.3d at 1731 (citation and internal quotation marks omitted). Gurecki , 189 A.D.3d at 1731 (citations and internal quotation marks omitted). Each owns, not an undivided part, but the whole estate. (Citations, ellipses, internal quotation marks and brackets omitted; emphasis in original.)
- Second Department Affirms Dismissal of Landlord’s Complaint Finding That Tenant Did Not Breach Lease Because Landlord Failed to Timely Obtain All Necessary Approvals for Landlord Build-out
Phazar Antenna Corp. , 33 A.D.3d 864, 866-67 (2 nd Dep’t 2006) (citations, internal quotation marks New York Job Development Authority , 98 N.Y.2d 29 (2002) (citations and internal quotation marks omitted Bear Co., Inc. v. 538 Madison Realty Co. , 1 N.Y.3d 470, 475 (2004) (citations, internal quotation marks Section 7.01(b) of the lease (hereinafter the Approvals provision) provided, in pertinent part: “Landlord
- Intent is Important in Determining Third-Party Beneficiary Status
Cross Country Constr., LLC , 210 A.D.3d 1158, 1159-1160 (3d Dept. 2022) (internal quotation marks, brackets Co. , 30 N.Y.3d 704, 710 (2018) (internal quotation marks and citation omitted); Merlino v.
- “Just Once”[1] (The Second Department Reiterates That There is No Need to File an Answer to a Supplemental Complaint When an Answer was Interpose...
(Citations and internal quotation marks omitted.) See also Knudsen v.
- First Department Declines to Dismiss Fraudulent Inducement Claim as Duplicative of Contract Claim Based on Expert Analysis
Holdings , 27 N.Y.3d 817, 827 (2016) (internal citations and quotation marks omitted). the Appellate Division, First Department, had the opportunity to address the duplication of damages doctrine Section 3105 provides, in relevant part, that “ o misrepresentation shall avoid any contract of insurance Takeaway As readers of this Blog know, most of the cases we discuss involving the duplication of claims doctrine
- Court Dismisses Fraud Counterclaim as Being Duplicative of Contract Claim
Seward Park Housing Corp. , 79 A.D.3d 425 (1st Dept. 2010). (internal quotation marks omitted).
- Voluntary Discontinuance Pursuant to CPLR 3217
Moore , 220 A.D.3d 656, 656 – 57 (2 nd Dep’t 2023) (citations and internal quotation marks omitted). Id . at 657 (citations and internal quotation marks omitted).
- The Second Department Holds, in a Case of First Impression in The Department, That the Failure to Comply with the Soldiers’ and Sailors’ Relief Act When Seeking a Default Judgment ...
(Citations, internal quotation marks and brackets omitted.) entered, in order to be afforded the protection of the Act, a defendant seeking vacatur must establish as part
- The Parent and The Subsidiary. When is The Former Liable for The Actions of the Latter?
The alter ego doctrine has been applied to pierce the veil between corporations when subsidiary corporations
- Second Department Decides Two Cases Under RPAPL 1301
Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage The complaint shall state whether any other action has been brought to recover any part of the mortgage debt, and, if so, whether any part has been collected. 3. Bank of America , 202 A.D.3d at *3 (citation and internal quotation marks omitted). The 2010 Action was marked “DISPOSED – PROCEED BY MOTION.”
