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1208 results found for "lien law"
- The Second Department Addresses Statutes of Limitation Issues in Mortgage Foreclosure Actions in Light of FAPA
thereof, or otherwise purport to effect a unilateral extension of the limitations period prescribed by law
- BE CAREFUL WHAT YOU STIP FOR
without a trial in circumstances where all issues in a case can be decided by a judge as a matter of law summary judgment has proven a valuable, practical tool for resolving cases that involve only questions of law that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law there are no material issues of fact in dispute, and that it is entitled to judgment as a matter of law complaint, arguing that the fact that the plaintiff lacked standing to commence the action was now law
- New York Court of Appeals Makes Clear That Consumer-Oriented Conduct Under GBL 349 Focuses on The Deceptive Act or Practice, Not on Use of the Product and Confirms That Specific Disclaimers Can Bar...
Slip Op. 03485 (June 3, 2021) ( here ), a decision involving a claim under General Business Law § 349 themselves and a putative class of purchasers of certain annual editions of New York Landlord-Tenant Law (the “Tanbook”), a compilation of New York legal materials on landlord-tenant law, against defendant Plaintiffs are a law firm that handles landlord-tenant actions, a non-profit corporation that assists Under New York law, a defendant’s actions are materially misleading when they are “likely to mislead
- The Direct Benefits Theory of Estoppel
private person will resolve any legal disputes between them, instead of a judge or jury in a court of law Holdings Inc. , 21 N.Y.3d 626, 631 (2013) (adopting the doctrine from federal law and citing federal
- CONVERSION OF FUNDS AND IOLA ACCOUNTS
In circumstances where “the original possession is lawful, a conversion does not occur until the defendant The parties in Simpson & Simpson , supra , were law firms. Defendant law firm employed a bookkeeper that resigned and commenced employment with plaintiff law firm The bookkeeper then embezzled money from plaintiff law firm to pay the note to defendant. deposit account with a banking institution for the deposit by an attorney of qualified funds” (Judiciary Law
- Letter Declaring Contract Void Ab Initio, Demand for The Return of Down Payment, and Commencement of Litigation Constitutes an Anticipatory Breach of Contract
ordinarily a question of fact reserved for a jury, but a court may decide the issue as a matter of law Crespi, The Adequate Assurances Doctrine after U.C.C. § 2-609: A Test of the Efficiency of the Common Law
- The Presumption That Papers and Pleading Filed in Court are Public and The Circumstances in Which They May Be Sealed or Redacted
“Under New York law, there is a broad presumption that the public is entitled to access to judicial proceedings Melody Capital Partners GP, LLC (collectively, “Melody”) moved to seal certain exhibits and memoranda of law County 1991) (noting “minimal” public interest in law firm’s “internal finances”).
- Enforcement News: Founder of Crypto Asset and Foreign Exchange Trading Company Charged with Orchestrating a Ponzi-Like Fraudulent Scheme and For Misappropriating More Than $57 Million of Investor F...
“[Defendant] used the guise of innovation to lure investors into lining his pockets with millions of charges Defendant with violating the anti-fraud and registration provisions of the federal securities laws
- Fraud in Connection with the EB-5 Immigrant Investment Program
Securities and Exchange Commission (“SEC”) has identified a set of common violations of the securities laws 5 investors have brought suit against companies/regional centers, claiming violations of the common law , as well as federal law. were not investors in (or members of) any of defendants, including 215 Investors, and under New York law We have examined this principle of law on numerous occasions. In Pasternack v.
- The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
turning on the timeliness of a mortgage foreclosure claim involve the intersection of two areas of law and predictability served by our statutes of limitations and endorsed by our principles of contract law notice to all third parties of such choice," a borrower's lack of actual notice does not as a matter of law only question is whether it effectuated a clear and unequivocal acceleration of the debt, an issue of law post-discontinuance acts,” and stated: This approach is both analytically unsound as a matter of contract law
- First Department Finds that Loss of a Personal Journal Results in Adverse Inference Charge Due to Spoliation of Evidence
stated, and as summarized from prior articles, in order for litigants to fully prosecute and defend lawsuits “Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys The First Department “unanimously modified, on the law and in the exercise of discretion, to grant the
- Who Decides Arbitrability? It Depends on The Agreement – Revisited
This approach reflects the “overarching principle of law ‘that arbitration is a matter of contract’” And, the answer to that question is governed by state contract-law principles, provided that those rules Plaintiff moved pursuant to CPLR 3213 for summary judgment in lieu of complaint.

