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Search results for "lien law"
1208 results found for "lien law"
- Don’t Let the Other Guy be Unjustly Enriched
If the “benefit” was the result of a contractual relationship, a lawsuit for the breach of that contract Briefly stated, a quasi-contractual obligation is one imposed by law where there has been no agreement The law creates it, regardless of the intention of the parties, to assure a just and equitable result forth its contract” and anticipated that there may be interference from existing and abandoned gas lines
- The Filing of a Settlement Conference RJI Insufficient -- This Time -- to Avoid Dismissal Under CPLR 3215(c)
background, and as set forth in one of our prior Blogs, Rule 3215(c) of the New York Civil Practice Law
- Under One Silo: Fraudulent Inducement, Fraudulent Conveyance and Violation of GBL § 349
Fraudulent Conveyance Under Debtor/Creditor Law Under Debtor and Creditor Law § 273, “ conveyance that handing over the footage), then Hollander may be liable under this cause of action. 11 General Business Law § 349 General Business Law § 349(a) provides that “deceptive acts or practices in the conduct of any
- Foreclosure Complaint Dismissed as Time-Barred Because Service Was “Completed” 5 Days After Six-Month Extension Afforded by the New CPLR 205-a
this BLOG has previously explained, CPLR 205(a) is a “remedial” statute that “has existed in New York law new action would have been timely commenced within the applicable limitations period prescribed by law
- Enforcement News: Unregistered Broker-Dealer Activity Relating to Pre-IPO Funds
the regulatory regime applicable to broker-dealers to be a cornerstone of the U.S. federal securities laws policies and procedures that are reasonably designed to achieve compliance with applicable securities laws
- Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with RPAPL 1304
that an “RPAPL 1304 notice is a notice pursuant to the Home Equity Theft Prevention Act (Real Property Law
- First Department Rejects Fraud Claims Based on Routine Boardroom Communications
The First Department’s Decision Under New York law, fraud can be based not only on affirmative misrepresentations
- Champerty and Fraud . . . What a Combination!
New York’s prohibition against champertous transactions is codified in Section 489 of the Judiciary Law Court of Appeals for the Second Circuit, that a corporation or association does not violate Judiciary Law § 489(1), as a matter of law, when the “purpose in taking assignment of … rights … was to enforce its loan and would suffer the damages of any default on the loan, the Court found that, as a matter of law , it did not violate New York law. 5 While champerty is not a frequent topic for examination by this
- The First Department Grants Summary Judgment on Defendant’s Champerty defense and Dismisses Plaintiff’s Complaint
New York’s prohibition against champertous transactions is codified in section 489 of the Judiciary Law related to the ‘sin’ of usury and its concomitant legal prohibitions evaded the strict prohibitive laws Co., 248 AD2d 311 ), it has been hesitant to find that an action is champertous as a matter of law The words, "sole" and "primary," are not synonymous generally or in law. The bottom line is that Judiciary Law § 489 requires that the acquisition be made with the intent and
- Issues of Fact Prevent Application of The Voluntary Payment Doctrine, Says The First Department
voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or law The lease was drafted when New York’s “Sunday Blue Laws” prohibited businesses from operating on Sunday After the “Blue Laws” were declared unconstitutional, defendant started invoicing Gimbel Brothers $10.00 weight of the evidence supports the conclusion that Gimbels was not operating under an actual mistake of law The First Department modified the motion court’s order, on the law, to, inter alia , reinstate Plaintiff
- Non-Recourse Contract Provisions and The Inducement to Continue Performing Under a Contract as The Basis For A Fraud Claim
A choice-of-law provision dictated that the contract was governed by and construed in accordance with New York law. negligent misrepresentation, and unjust enrichment, as well as those based on Massachusetts’s statutory law
- When Self-Help Discovery Protects FCA Whistleblowers
alleged fraud to be able to make a well reasoned decision on whether it should participate in the filed lawsuit Information: The Government’s New Policy to Dismiss These Parties in False Claims Act Litigation, 13 Health Law technicians and/or non-certified technicians, in violation of Medicare and other federal and state insurance laws

