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878 results found for "creditors rights"
- When is a Term Sheet Binding? When the Parties Say So
ineffective where material terms are left for future negotiation, or the writing expressly reserves the right Fulcrum Credit Partners LLC (“Fulcrum”), assignor and predecessor-in interest to Plaintiff, Claim Recovery
- The Appellate Division, Fourth Department, Addresses The Distinction Between An Insurer’s Duty To Defend And Its Duty To Indemnify
scope of the risks undertaken by the insurer, regardless of how false or groundless those allegations might concluded as a matter of law that there is no possible factual or legal basis on which the insurer might the operative lease, tenant’s premises “was defined as ‘a ground floor store … together with … the right
- SECOND DEPARTMENT RECONCILES TWO “SEEMINGLY CONTRADICTORY” PROVISIONS IN COMMERCIAL LEASE SO AS TO GIVE EFFECT TO BOTH
Demised Premises is not delivered within 90 days of the date of this Lease, then Tenant shall have the right contains a merger clause. 1710 Realty commenced the action after tenant, Portabella, exercised “its right
- Puffery and the Misstatement That Wasn’t
Supp. 3d 534, 542 (S.D.N.Y. 2018) (“ efendant’s … advertising of attorneys as ‘highly qualified,’ ‘the right The presentation also stated “ e’ve got the skills you need to win” and that Accenture would “put the right failed to implement RAPID, and it later acknowledged that it “spent a good deal of time” trying to “fight consisted of “800 xperts” amounting to “ he best talent in the world” and that Accenture would “put the right talent in the world,” along with its promise that it had “the skills you need to win” and would “put the right
- Court of Appeals Holds that GOL-17-105 is the Sole Statute Governing the Tolling or Revival of the Statute of Limitations for an Action Pursuant to RPAPL §1501(4)
states that, among other things, a "promise to pay the mortgage debt, if made after the accrual of a right
- Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
Notably, the parties agreed “to waive any right to disclaim or contest this pre-dispute arbitration agreement scope of the later agreements that nonparties to the Management Agreement (i.e., Fritschler and DAL) might
- Court Dismisses Fraud Claim Due to Plaintiff’s Failure to Plead Loss Causation
On or about July 13, 2017, PNP recommended Brooke Wright (“Wright”) to serve as Plaintiff’s assistant Wright in apartment while was not living there.” Makor Issues & Rights, Ltd. , 551 U.S. 308, 319 (2007)). Wright in her apartment, that she justifiably relied on them, and permitted Ms. Wright to perform services in her apartment while she was not there.
- Second Department Dismisses More Complaints Due to Lenders’ Failure to Comply with RPAPL 1304 Notice Requirements in Residential Mortgage Foreclosure Actions
collect a debt and, this company has a security interest in the property and will only exercise its rights
- The First Department Reiterates the “Strict Nature” of “Notice -to-Cure” Provisions in Construction Contracts
provide to the other notice of the purported default and an opportunity to cure before the valuable rights
- Contract Must Be Enforced According to Its Clear and Concise Terms Says Second Department
reviewed and “ articular words should be considered, not as if isolated from the context, but in the light transferred by Sellers to Purchaser pursuant to the Contract . . . and that the parties shall have no rights the plaintiffs and the Walgreen defendants clearly and unambiguously stated that they ‘shall have no rights
- Court Denies Motion to Approve a Shareholders Class Action Settlement, Finding the Plaintiffs to Be Inadequate Class Representatives and the Settlement to Provide No Benefit
financial benefit and are asked to give broad releases to the defendants that are inimical to their rights settlement because the putative class received no financial benefit from the settlement and relinquished rights Xerox directors for breach of fiduciary duty because, among other things, of the possibility that Fuji might In fact, said the Court, “ he benefit to Xerox as a company s also questionable in light of the $1 billion
- Great News For Attorneys and Lenders: Second Department Awards Foreclosure Counsel $71,451.11 in Attorney’s Fees -- EVERYTHING Counsel Requested
Here, section 22 of the mortgage agreement at issue gave the plaintiff the right to collect "reasonable
