that Royal Alliance was negligent, breached its fiduciary duty to her, and violated state securities laws evidence material to the controversy or engage in other conduct contrary to the provisions of California law

thereof, expressing the consideration, is in writing, subscribed by the party to be charged, or by his lawful terms of a complete agreement.” 3 “If the contract does not contain all the necessary terms, the law Footnotes New York General Obligations Law § 5-703(2). Nesbitt v.

, section 306 of New York’s Business Corporation Law permits service of process on that corporation   ( See § 303 of New York’s Limited Liability Company Law ) Due to the relative ease of service of process to consider CPLR 317 was not an abuse of discretion, and reversal by the Appellate Division ‘on the law In Acqua Capital, LLC v. 510 West Boston Post Road, LLC , an action to foreclose a tax lien, the Acqua to pay the Village taxes at issue and all of the plaintiff’s expenses in acquiring and enforcing the lien

A Primer on the Applicable Law: Contract Interpretation It has long been the law in New York that absent a violation of law, or some transgression of public policy, people are free to enter into contracts, generally inadmissible to add to or vary the writing”. 9 Whether a contract is ambiguous is a matter of law both a procedural and substantive perspective. 20 Under UCC § 2-302(1), 21 f the court as a matter of law affirmative claim to void an agreement for unconscionability has been clearly answered by the case law

By: Jeffrey Haber Under New York’s Business Corporation Law (“BCL”), the Secretary of State is designated to mean: “judicial process and all orders, demands, notices or other papers required or permitted by law “Service of process on a registered agent may be made in the manner provided by law for the service of served on the Secretary of State, because it had failed to keep its address updated.” 11 Under New York law

Under New York law, written agreements are construed in accordance with the parties’ intent . “‘Whether an agreement is ambiguous is a question of law for the courts … Ambiguity is determined by to submit their disputes concerning the operation and sale of the property to arbitration before two lawyers

could not have discovered the basis for its claims before that date.” [9]  This is a “mixed question of law for investigation, knowledge of the fraud will be imputed to” the party. [13] “[P]ublic reports and lawsuits On appeal, the Appellate Division, First Department, modified the order, on the law, to dismiss all claims disclaimer found in the purchase contracts lacked the specificity required to defeat reliance as a matter of law

The Appellate Division, First Department unanimously modified the motion court’s order, on the law, to plan concerning repatriating 150 jobs [were] duplicative of its contract claims.[2] Under New York law

actions pursuant to CPLR 602(a) , which provides that “ hen actions involving a common question of law “reasoned that the cases arose from identical facts and circumstances, involved common questions of law After explaining the law on consolidation, the Second Department determined that “a precondition for

of conducting activities within the forum State, thus invoking the benefits and protections of its laws The People asserted, inter alia , causes of action pursuant to General Business Law §§ 349 and 350, for deceptive acts and practices and for false advertising, respectively; pursuant to Executive Law § 63 (12), for repeated and persistent fraud and illegal conduct in violation of General Business Law §§ 349

Haber Section 1104 of the Business Corporation Law (“BCL”) grants a court the power to order the dissolution petitioners from obtaining a return on their investment and, therefore, was oppressive as a matter of law determination solely within the court’s sound discretion. 26 Against the foregoing analysis of the law 1104, respondent’s evidence fail to establish the existence of the requisite deadlock required by law Unfortunately, this vague and conclusory assertion fails as a matter of law.

neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law all issues and disputes between the parties … be handled solely in arbitration and not in a court of law court held that “despite Plaintiff’s contention that did not agree to arbitrate medical malpractice lawsuits