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797 results found for "park doctrine"
- 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
- FAPA and Statutes of Limitation Revisited
(Citation, internal quotation marks and brackets omitted, hyperlink added.)
- The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water
(Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.) See also, Biaglow v. (Citations, internal quotation marks, ellipses and brackets omitted.) (Citations and internal quotation marks omitted.) Jonathan H.
- Want to Hold a Corporate Officer Personally Liable for an Alleged Wrong? Try Piercing the Corporate Veil … if You Can
Megan Holding, LLC , 25 N.Y.3d 1, 18 (2015) (internal quotation marks omitted); TNS Holdings , 92 N.Y While application of the doctrine depends on the facts and circumstances of each case ( Ledy v. Chambers concurred in part and dissented in part. To the dissent, “Town-Line improperly invoking the equitable doctrine of piercing the corporate veil To manage the risk that DKM might not be able to pay on indemnification claims, Town-line “retain part
- Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders
(Citations, internal quotation marks and brackets omitted.) (Citations, internal quotation marks and brackets omitted.)
- Second Department Decides an Issue of “First Appellate Impression” Related to the Sufficiency of an RPAPL 1304 Notice in a Residential Mortgage Foreclosure Action
Schiffman , 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part Arias , 121 A.D.3d 973, 973-74 (2 nd Dep’t 2014) (citation and internal quotation marks omitted). (Citations and internal quotation marks omitted.) Citations and internal quotation marks omitted, emphasis in original. Jonathan H.
- When An Arbitration Provision Governs, Should a Court Sua Sponte Direct The Parties To Arbitrate? The Second Department Says No
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted); Stark v. Stark , 9 N.Y.3d at 66 (internal quotation marks and citation omitted). Schnurr , 26 N.Y.3d 391, 400 (2015) (internal quotation marks omitted)). Id. Bronxville Police Taylor Act Comm. , 171 A.D.3d 932, 934 (2d Dept. 2019) (internal quotation marks omitted
- The First Department Addresses Reimbursable Fees Awardable Under RPAPL 881
(Citation, internal quotation marks, internal brackets and ellipses omitted.) (Citations, internal quotation marks and internal brackets omitted.) (Citations, internal quotation marks and internal brackets omitted.) fees, including those incurred in opposing the petition, are not an incident of litigation but rather part
- If I Only Had a Stapler, We could Have Gotten Allonge Better
An allonge is an additional piece of paper “so firmly affixed as to become a part thereof.” itself for the endorsements; as long as the allonge remains firmly affixed to the note, it becomes part on pieces of paper completely separate from the note, were “so firmly affixed thereto as to become a part None of the pieces of paper in the record comprising the note or the allonges bore any markings of having (Citations and internal quotation marks omitted).
- Second Department Addresses the Impact of Bankruptcy Stay Tolling on Statute Of Limitations Calculations in Mortgage Foreclosure Action
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). 2014, the defendant received a ‘standard discharge’ in the <2011 b> ankruptcy…, which was subsequently marked (Citations, internal quotation marks and brackets omitted and hyperlink added.) construe unambiguous language to give effect to its plain meaning” (citation and internal quotation marks
- Mortgage Foreclosure Complaint Dismissed, and Mortgage Discharged, As Time-Barred
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). Everhome, at 3 (citations and internal quotation marks omitted, emphasis in original). Everhome, at 3 (citations and internal quotation marks omitted). Everhome, at 3 (citations and internal quotation marks omitted). Everhome, at 3 (citations and internal quotation marks omitted).
- Court Finds Common Law Indemnification Unavailable Because Movant Was an Alleged Wrongdoer
Braun , 90 N.Y.2d 177, 183 (1997) (internal quotation marks, citations, and ellipsis omitted.) In relevant part, the ESA required GACE “to indemnify and hold harmless <650 partners llc> from and Thus, “ ince the predicate of common-law indemnity is vicarious liability without actual fault on the part that a party who has itself actually participated in the wrongdoing cannot receive the benefit of this doctrine latter’s alleged wrongdoing — breach of contract — and not vicariously because of any negligence on the part
