Alternative Strategies, and AscendReant Capital with violating the antifraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 (“Exchange Act”), and Lash with aiding and abetting charged GPB Capital and Gentile with violating the antifraud provisions of the Investment Advisers Act of 1940 (“Adviser’s Act”) and charged GPB Capital with violating the registration and whistleblower provisions of the Exchange Act and the Advisers Act’s custody and compliance rules.

Background Facts Plaintiff brought the action defendant, asserting claims in connection defendant’s defendant was obligated to pay, within 30 days, all amounts due and owing to plaintiff for services actually content of the defendant’s false representations, as well as the details of the defendant’s fraudulent acts , including when the acts occurred, who engaged in them, and what was obtained as a result. that CPLR 3016(b) “should not be so strictly interpreted as to prevent an otherwise valid cause of action

The notice of pendency acts as “constructive notice to all subsequent purchasers or incumbrancers” that an action is pending that may affect title to the property.  5303 Realty , 64 N.Y.2d at 318.  or incumbrance is recorded after the filing of the notice is bound by all proceedings taken in the action claims no interest in defendant's land but merely seeks to prevent defendants from committing a wrongful act Strong Island was a mechanic’s lien foreclosure action in which plaintiff filed a notice of pendency

Obtaining such pre-action discovery, however, is not easy. CPLR 3102(c) (“Before an action is commenced, disclosure to aid in bringing an action, to preserve information cause of action and that the information sought is material and necessary to the actionable wrong.” Based upon the foregoing, Lualdi argued that the Consultant, and/or one or more persons acting on behalf Lualdi filed the order to show cause and petition because it did not know the identity of the person(s) acting

; and Enabling American companies to compete internationally. identifying laws and regulations, particularly the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank" or the "Act"),  that are not consistent with the core principles. While rolling back the Act has the support of a number of industry groups, it is also being met with In the final analysis, whether the Act will remain intact remains to be seen.  

1236819 at *3 (2nd Dep’t May 6, 2026) (citations and internal quotation marks omitted); see also Bank of America In mortgage foreclosure actions, the preliminary step of moving for an order of reference is deemed to Islam, a mortgage foreclosure action decided under CPLR 3215(c). to timely answer or otherwise appear in the action. Four years after that, in 2019, the motion court conditionally dismissed the action as abandoned.

party from denying her own expressed or implied admission which has in good faith been accepted and acted person against whom enforcement is sought and who, while justifiably relying on the opposing party's actions party subsequently seeks to assert; (2) intention, or at least expectation, that such conduct will be acted upon by the other party; (3) and, in some situations, knowledge, actual or constructive, of the real Plaintiffs brought action, alleging eleven causes of action sounding in contract and tort.

Plaintiffs also alleged that defendants violated GBL § 349 by engaging in deceptive, consumer-oriented acts It could not “fairly be understood to mean that everyone who acts unlawfully, and does not admit the Takeaway GBL § 349 provides a remedy to consumers who have been subject to deceptive or misleading acts More is needed – as in an affirmative act of consumer-oriented deception.   notable because it considered the failure to admit the violation of a contract or statute to be an act

Informal Appearances It makes sense that a “plaintiff appears in an action merely by bringing it.” Once served with process, a defendant must appear in an action to avoid a default. An appearance pursuant to CPLR §320(a) is a formal appearance in the action. Plaintiff commenced a breach of contract action against, inter alia, Individual and Corporation. not served with process, where an individual defendant affirmatively states that he or she is only acting

“The crucial question ... is what degree of participation by the defendant in the action will create a waiver of a right to stay the action.” “In the absence of unreasonable delay, so long as the defendant’s actions are consistent with an assertion Plaintiff commenced the action seeking damages for breach of contract based upon defendants’ alleged Jefferies & Co. , 78 N.Y.2d 76, 85 (1991) (under the Federal Arbitration Act, moving to dismiss before

rewarding individuals who provide high-quality tips, and particularly timely ones,” said Emily Pasquinelli, Acting as well as actions by another federal agency. Whistleblowers can act as a springboard for an investigation or, like here, they can propel forward an As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not New Exchange Act Rule 21F8(e) authorizes the Commission to permanently bar a claimant from the Whistleblower

deeds.”[1] “The manifestation or expression of assent necessary to form a contract may be by word, act reasonably interpreted’ such that it may be performed within a year, the Statute of Frauds will not act Bonnem; (2) a second cause of action for unjust enrichment against all defendants; (3) a third cause of action for quantum meruit against all defendants; (4) a fourth cause of action for breach of fiduciary (6) a sixth cause of action for accounting against all defendants.