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797 results found for "park doctrine"
- Who Decides Arbitrability? It Depends on The Agreement – Revisited
(internal quotation marks and citations omitted). Id. Id. (quoting Rinaolo v. Life Receivables , 66 A.D.3d at 495 (citations and internal quotation marks omitted).
- The New York Court of Appeals Reminds Litigants That Words in Contracts Have Meaning
Co. of Pittsburgh, Pa. , 25 N.Y.3d 675, 680 (2015) (citation and internal quotation marks omitted). (citation and quotation marks omitted). Bank of N.Y. Mellon v.
- Court Holds that a Letter of Intent is a Binding Contract When It Contains All the Material Terms of An Agreement
considered this question in connection with Forest City’s plan to develop the Atlantic Yards (now Pacific Park Richard annually ($3,800,000 per year each year) during the Go Dark Period, representing A.J. Richard’s “lost profits during such Go Dark Period”; g) sections governing the purchase price for the that the LOI “included detailed specifications with respect to the Replacement Property, including parking Id . at *16 (citation and internal quotation marks omitted).
- The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2
<(citations and internal quotation marks omitted.)> Here, Owner argued that Architect and Site Contractor (Internal quotation marks and brackets omitted.) <(citations, internal quotation marks and brackets omitted.)> Supreme court found, and the Court agreed
- Court Dismisses Shareholder Derivative Action Because Plaintiffs Failed To Allege Demand Futility Under Delaware Law
Ch. 1984), overruled in part on other grounds , Brehm v. ABM provides “janitorial, facilities engineering, parking, and specialized mechanical and electrical Stockholder Litig. , 115 A.3d 1173, 1179-80 (Del. 2015) (internal quotation marks and orig’l footnote
- The Stress of Bar Association Activities Sufficient to Support the Defense of Law Office Failure
Moreover, the court held that “there was no intent on the part of Plaintiffs or their counsel to abandon Slip Op. at *1-*2 (citations and internal quotation marks omitted). Id. at *2. Id. at *3. Id.
- Enough Already With RPAPL 1304
(Citation and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied
Harriman Estates Development Corp. , 96 N.Y.2d 409, 415 (2001) (citations and internal quotation marks Kaufman , 27 A.D.3d 816, 818 (3 rd Dep’t 2006) (citations and internal quotation marks omitted); EMF support of its motion, the defendant submitted, inter alia, the agreement, which provided, in relevant part
- The Purchase of Andy Warhol’s “Uncle Sam” Screen Print Edition 1/5 and The Dispute That Followed
The Court granted in part and denied in part the motion. Seward Park Hous. Corp. , 79 A.D.3d 425, 426 (1st Dept. 2010)). merchant a certificate of authenticity or any similar written instrument it shall be presumed to be part
- The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action
(Citations and internal quotation marks omitted.) a default judgment failed to satisfy the requirements of CPLR 3215(f), which provides, in pertinent part (Citations and internal quotation marks omitted.)
- Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
Nesbitt , 40 A.D.3d at 598 (citation and internal quotation marks omitted). Nesbitt , 40 A.D.3d at 598 (citation and internal quotation marks omitted).
- The Former DCL Remains On The Docket
vast majority of jurisdictions to adopt the Uniform Voidable Transaction Act (“UVTA”) in whole or in part (internal quotation marks and citations omitted). Id. MFS/Sun Life Trust v. same case, a concurrence of several badges will always make out a strong case”) (internal quotation marks County, May 19, 2020), aff’d in part, appeal dismissed in part , 195 A.D.3d 420 (1st Dept. 2021), lv.