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797 results found for "park doctrine"
- Contract Interpretation: Contracts Are To Be Construed in Accordance With The Parties’ Intent
Philles Records , 98 N.Y2d 562, 569 (2002) (internal quotation marks and citation omitted). Id. Giancontieri , 77 N.Y.2d 157, 162 (1990) (internal quotation marks and citation omitted).
- The Fiduciary Duty of Candor, Fraudulent Inducement and No-Reliance Clauses
(internal brackets and quotation marks omitted)). Id. at *2. Id. (quoting Frame v. Maynard , 83 A.D.3d 599, 602 (1st Dept. 2011) (internal quotation marks omitted)). Id. (quoting Frame , at 602 (internal quotation marks omitted)). Id. Id. (quoting Zanani v.
- Loans payable in Installments, CPLR 202 and The Applicable Statute of Limitations
Dieudonne , 171 A.D.3d 34, 38 (2d Dept. 2019) (citations and internal quotation marks omitted); see also Kestenbaum & Mark , 131 A.D.3d 955, 958 (2d Dept. 2015). Global Fin. , 93 N.Y.2d at 528.
- THE ADMINISTRATIVE JUDGE FOR SUFFOLK COUNTY HAS PROMULGATED NEW RULES, EFFECTIVE NOVEMBER 23, 2020, TO ADDRESS THE COURT SYSTEM’S RESPONSE TO THE RECENT SURGE IN COVID-19 CASES
’ November 13, 2020 Memorandum (the “Marks Memorandum”). (The Marks Memorandum in annexed to the Memorandum, but can also be found HERE .) entire Plan is set forth within the Memorandum, some of the components, not otherwise reflected in the Marks type (e.g., family, criminal) can hold in-person calendars at the same time; No more than 10 cases per part hospitalized adult, ADR where both parties are represented by counsel and counsel will be present, Part
- FIRST DEPARTMENT HOLDS THAT LISTING A MORTGAGE DEBT ON A BANKRUPTCY SCHEDULE IS NOT AN ACKNOWLEDGMENT SUFFICIENT TO RESTART AN OTHERWISE EXPIRED STATUTE OF LIMITATIONS UNDER GOL 17-101 OR 17-105(1)
“Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed One involves part payment of the debt and the other a signed acknowledgment. Erdheim v. written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part
- STATUTE OF LIMITATIONS IN THE TIME OF COVID – THE SECOND DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION FOR NEW YORK APPELLATE COURTS RELATED TO MORTGAGE FORECLOSURE ACTIONS AND COVID-19 TOLLS
(Citations, internal quotation marks and brackets omitted.) an action has been stayed by a court or by statutory prohibition, the duration of the stay is not a part backed, or FHA-insured, mortgages from March 18, 2020, to July 31, 2021” (citations, internal quotation marks
- Choice of Law Clause: Which Law Should Be Applied?
Johnson , 25 N.Y.3d 364, 368 (2015) (internal citations and quotation marks omitted). Id. (internal citations and quotation marks omitted). 159 MP Corp. v. Redbridge Bedford, LLC , 33 N.Y.3d 353, 361 (internal quotation marks and citations omitted), rearg. Vermont Teddy Bear Co., Inc. v. 583 Madison Realty Co. , 1 N.Y.3d 470, 475 (2004) (internal quotation marks
- Emails Following Mediation Sufficient to Confirm Settlement of Third-Party Contractual Indemnification Claim
Gelco Corp. , 109 A.D.3d 244, 247-248 (2d Dept. 2013) (internal quotation marks omitted). Id. Forcelli , 109 A.D.3d at 248 (internal quotation marks omitted). Slip Op. at *1. Id. Id.
- Scope of Court Proceedings Limited By Parties’ Agreement
Philles Records , 98 N.Y2d 562, 569 (2002) (internal quotation marks and citation omitted). Id. Giancontieri , 77 N.Y.2d 157, 162 (1990) (internal quotation marks and citation omitted).
- Proof of Default in Residential Mortgage Foreclosures
(Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- The Difficulty Distinguishing Between Direct and Derivative Claims Revisited
Program Risk Mgmt., Inc., 147 A.D.3d 122, 132 (3d Dept. (2017) (citation and internal quotation marks Yudell, 99 A.D.3d at 114 (internal quotation marks and citations omitted); Maldonado v. Maldonado, 140 A.D.3d at 1504 (internal quotation marks and citation omitted).
- Defendants Fail to Demonstrate That Indiana Mortgage Loan Servicer Regularly and Continuously Conducts Business in New York
Corp. , No. 01 Civ. 4427, 2004 WL 2210254, at *3 (S.D.N.Y. 2004) (citation and internal quotation marks Carey , 269 A.D.2d 133, 134 (1st Dept. 2000), mod in part , 273 A.D.2d 20 (1st Dept. 2000); Uribe , 266 Slip Op. at *1 (citing JPMorgan Chase , 185 A.D.3d at 803 (alteration and internal quotation marks omitted
