discussed in prior articles, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter. Bank of America, N.A. v. The lender commenced a mortgage foreclosure action in 2012.

discussed in prior articles, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter. Bank of America, N.A. v. Wheatly, 158 A.D.3d 736, 737 (2nd Dep’t 2018) (citations omitted). As a result of a default, the lender commenced a foreclosure action.

Because the seller complied with the terms of the contract, the purchaser’s insistence on closing and its action Special is an action much like W. Equities , and, accordingly, the Court relied heavily on W. Seller shall not be required to bring any action or proceeding or to incur any expense in excess <$10,000 The purchaser commenced an action for specific performance and an abatement of the purchase price. motion court properly granted summary judgment to the seller on its counterclaim because the seller “acted

In today’s installment of Enforcement News, we examine an enforcement action brought by the Securities must act to safeguard and protect the handling of investor and customers monies. with his Cemtrex trading (e.g., the Forms 4 and 5 required by Section 16(a) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 16a-3 promulgated thereunder). antifraud provisions of the federal securities laws, as well as violations of Section 16(a) of the Exchange Act

constitutes presumptive evidence that the trustee “has applied or consented to the application of trust funds actually made by such other person to the trustee or on his behalf as trustee and the advances so repaid were actually trust purposes of the trust does not exceed the amount of advances of personal funds of the trustee actually on the part of a trustee and/or any of its officers, directors, agents and the like, the innocuous act

principals with defrauding investors, most of whom were retired NFL players who had joined the class-action Phillip Timothy Howard (“Howard”), a Florida attorney who represented the retired players in the class action invested monies almost exclusively in settlement advance loans to more than 70 of Howard’s NFL class-action settlement advances to former NFL players – including 18 of the 20 investors – in connection with the class action Reinhard from violating the anti-fraud provisions of the federal securities laws in a civil enforcement action

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. The Court dismissed the cause of action. 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.

time-barred under CPLR 213, which imposes a six-year statute of limitations on declaratory judgment actions The motion court found that the cause of action accrued no later than 2014, when defendant definitively In 2014, plaintiff’s then-attorney considered bringing an action against defendant but did not do so, On April 19, 2024, plaintiff initiated the action. claim under CPLR 213 reinforces the principle that accrual begins to run not when a party chooses to act

Based upon the foregoing, plaintiff brought suit, alleging causes of action for breach of fiduciary duty The motion court found that defendants demonstrated the action was untimely with respect to defendants ’ acts occurring more than six years before the September 21, 2020 commencement date of the action. The motion court held that the action was governed by the six-year statute of limitations applicable to actions brought by or on behalf of a corporation against directors, officers or stockholders.[2] The

Mar. 24, 2022) ( here ), a judgment enforcement action under Article 52 of the CPLR that contains some outside New York County or taking any steps in existing actions “collaterally attacking, or attempting American Express Fin. Advisors, Inc. , 6 N.Y.3d 242, 247 (2006) (quoting, Brooke Grp. Ltd. v. Audio Active Ltd. , 494 F.3d 378, 383, 386 (2d Cir. 2007). ASM Communications v. Allen , 656 F. Wyoming Limited Liability Company Act § 17-29-503.

County Aug. 13, 2020) ( here ), the Court was asked to stay an arbitration pending before the American arbitration agreements but also to effectuate the intent of the signatory parties to protect individuals acting officer defendants to compel arbitration “because any breach of would have to be the result of an action Huntsman “stand for the proposition that in certain circumstances a non-signatory defendant in a civil action may be permitted to compel arbitration of a claim that is, effectively, against the signatory (acting

Boland, 278 AD2d 396 (2d Dep't, 2000), as well as the sale of real property in foreclosure actions. In mortgage foreclosure actions (a frequent topic of this Blog ([here] [here] [here] [here] [here] [here While acting in his appointed capacity, the Referee was sued numerous times by the defaulted borrower in controversy; (5) normally charged attorney’s fees for similar work; (6) results of the attorney’s actions This Court finds that appearing in Federal and State Court to defend his actions as a Referee clearly