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878 results found for "creditors rights"
- Update: Broad Releases and The Duplication Doctrine
The Units represented the right to participate in Hatch’s “upside” through the financial equivalent of
- When Traveling, Always Read the Back of the Ticket
contract which you have accepted during the online registration process” that “affect important legal rights carefully read the terms and conditions of the Guest Ticket Contract” because they “affect your legal rights Florida, U.S.A., to the exclusion of the Courts of any other country, state, city or county where suit might Reading them will, however, inform the traveler of his/her rights.
- Subject-Matter Waiver of the Attorney-Client Privilege
Light. Co. v. Allianz Underwriters Ins. documents were necessary and relevant to the issue of the parties' intent ignores the well-protected rights
- New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period
sufficiently that she attempted to repair the Property within … two years” and she “did nothing to protect her rights
- FOLLOW-UP – THE NEW YORK COURT OF APPEALS AFFIRMS THE APPELLATE DIVISION, SECOND DEPARTMENT’S, ENFORCEMENT OF WAIVER OF DECLARATORY RELIEF IN COMMERCIAL LEASE RESULTING IN THE DENIAL OF TENANT’S YE...
whether written leases negotiated at arm’s length by commercial tenants may include a waiver of the right Co. v Caruso , 73 NY2d 74, 81 <1989> ) and a right of constitutional dimension ( U.S. Const. art. Plaintiff’s sole challenge to the waiver provision in question – “that the right to bring a declaratory than invalidate them "on the pretext of public policy, unless they clearly . . . contravene public right In codifying the right to seek declaratory relief, the Legislature neither expressly nor impliedly made
- In Case of First Impression, New York Court of Appeals Holds that Bankruptcy Stay is a “Statutory Prohibition” Under CPLR 204(a) and That the Toll of CPLR 204(a) Applies to Actions Already Commenced
limitations, which are a critical part of litigation, are designed to prevent litigants from sitting on their rights Indeed, the Court noted that “ laintiff’s brand of literalism quickly loses sight of the forest for the springs from the “equitable principle that plaintiffs should not be penalized for failing to assert their rights Thus, the Court found that lender was “prevented from asserting its rights as a direct result of the
- Estoppel/Ratification Principles Undermine Fraudulent Inducement Claim
defense that prevents a party from accepting the benefit of a transaction or occurrence by asserting a right
- First Department Holds Buyer is not Entitled to the Return of her Down Payment on Real Estate Contract Because the Written Agreements Establish a Defense “Founded Upon Documentary Evidence” Pursuan...
additional time to close on the purchase, she would cover defendants’ carrying costs and would waive any right
- Derivative Litigation, Documentary Evidence and The Lack of Legal Capacity to Sue
A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a After all, if the plaintiff is not a shareholder of the company, then he/she has no right to vindicate the company’s rights and obtain a judgment on its behalf.
- Whose Law Applies Anyway?
The choice of law provision in the agreement provided: “This agreement and the rights of the partners
- The Failure to Read Offering Plan Negates Claim of Justifiable Reliance
(“Corcoran”), as a real estate broker to show apartments with two bedrooms, two bathrooms and open light would require the sealing of the windows in the southern wall of the unit and the consequential loss of light apartment and contained lot line windows that may require sealing, it would have exercised the contractual right In light of the foregoing statement in the Offering Plan, the Court held that plaintiff’s admitted failure
- The First Department Grants Summary Judgment on Defendant’s Champerty defense and Dismisses Plaintiff’s Complaint
view champerty more as an annoying topic covered in bar review course rather than a legal theory that might of Appeals stated: We conclude that in order to constitute champertous conduct in the acquisition of rights
