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797 results found for "park doctrine"
- Confirmation Of Deal With After-The-Fact Terms And Conditions Is Part Of The Original Agreement
) received the Confirmation and GT&Cs, (ii) understood that the Confirmation and GT&Cs would become part In fact, the new provisions in the subsequent writing will constitute a part of the parties’ original
- Court finds Merchant Cash Advance Agreement Not to Be an Instrument for The Payment of Money Only
Electron Power, Inc. , 37 N.Y.2d 151, 154 (1975) (citations and internal quotation marks omitted). Weissman , 88 N.Y.2d at 443-44 (citations, internal quotation marks and footnote omitted).
- Enforcement News: More Than 1,500 SEC Filings Affected By Alleged Fraud Perpetrated By Accounting Firm and Its Owner
As reported by Politico ( here ), “ he SEC’s settlement marks the latest run-in with regulators for BF
- PERSONAL GUARANTEES ARE CONTRACTS TO BE INTERPRETED PURSUANT TO THEIR PLAIN MEANING
Wallace v. 600 Partners Co. , 86 N.Y.2d 543, 548 (1995) (citation and internal quotation marks omitted Navarro , 25 N.Y.3d 485, 493 (2015) (citations and internal quotation marks omitted). Rabobank , 25 N.Y.3d at 493 (citation and internal quotation marks omitted). Neiva , 44 A.D.3d 204, 209 (1 st Dep’t 2007) (citations and internal quotation marks omitted). (Citations, internal quotation marks and brackets omitted.)
- Intervention Permitted Where Questions of Law and Fact are Shared with A Party in A Pending Litigation
Matter of HSBC Bank U.S.A. , 135 A.D.3d 534, 534 (1st Dept. 2016) (internal quotation marks and citation alleged that “Plaintiff’s claims were barred because of ‘Unclean Hands’” or because Plaintiff was “in pari
- Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
containing the arbitration provision, DAI afforded Fritschler licenses to use the Subway ‘System,’ including marks Archer and White Sales, Inc. , ___ U.S. ___, 139 S.Ct. 524, 531 (2019) (internal quotation marks and Goshawk Syndicate 102 at Lloyd’s , 66 A.D.3d 495, 496 (1st Dept. 2009) (internal quotation marks and Alemayehu , 934 F.3.d 245, 250-52 (2d Cir. 2019) (internal quotation marks and citation omitted). Holdings Inc. , 21 N.Y.3d 626, 630 (2013) (internal quotation marks and citations omitted); MAG Portfolio
- Appellate Division, First Department, Holds That The Foreclosure Abuse Prevention Act Is To Be Applied Retroactively
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). (Citation and internal quotation marks omitted.) Second, the Court found that FAPA is “remedial in nature,” as it was “designed, in part, to rewrite unintended
- The Best Evidence Rule: It’s the Original Document
Schozer , 84 N.Y.2d at 645 (internal quotation marks omitted). Id. See also Amica Mut.
- First Department Reinforces Rule That Written Agreements Are To Be Construed In Accordance With The Parties’ Intent, The Best Evidence Of Which Is What They Say In Their Writing
(internal quotation marks and citation omitted).
- SECOND DEPARTMENT RECONCILES TWO “SEEMINGLY CONTRADICTORY” PROVISIONS IN COMMERCIAL LEASE SO AS TO GIVE EFFECT TO BOTH
Redbridge Bedford, LLC , 33 N.Y.3d 353, 358 (2019) (citation, internal quotation marks and ellipses omitted Varley , 57 A.D.3d 356 (2 nd Dep’t 2008) (citations and internal quotation marks omitted). Zullo , 57 A.D.3d at 357 (citation and internal quotation marks omitted). (Citations and internal quotation marks omitted.)
- First Department Awards Landlord Summary Judgment Based on Clear and Unambiguous Lease Provisions Regarding Common Area Restrooms and Hallway Construction
New York Job Development Authority , 98 N.Y.2d 29, 32 (2002) (citations and internal quotation marks Giancontieri , 77 N.Y.2d 157, 163 (1990) (citations and internal quotation marks omitted). -1400 Trade Properties LLC , 95 A.D.3d 529, 531 (1 st Dep’t 2012) (citation and internal quotation marks All parts … of all walls, windows, and doors bounding the Demised Premises (including exterior Building cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part
- SPECIFIC PERFORMANCE (THAT’S WHAT I WANT) – WOULD BE A TERRIBLE SONG TITLE
Donovan , 96 A.D.3d 415 (1 st Dep’t 2012) (citation and internal quotation marks omitted). 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). (Citations and internal quotation marks omitted.)