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878 results found for "creditors rights"

  • The First Department Reiterates That Summary Judgment Motions Cannot Be Made Before Issue Is Joined

    employ the remedy will only serve to swell the Trial Calendar and thus deny to other litigants the right

  • A Contract That Means What It Says

    parties and the circumstances under which it was executed,” with the wording to be considered “in the light Note: To assert third-party beneficiary rights under a contract, a party must establish “(1) the existence

  • MORTGAGE CONTINGENCY CLAUSES

    mortgage contingency clause will be deemed to be for the benefit of a seller when the seller has the right courts will rely on the language of the mortgage contingency clause in question to define the parties’ rights Under the subject clause, the Second Department found, the seller “had the unilateral right to either plaintiff failed to timely procure a mortgage loan for the purchase of the subject property, Yat Yar's right Where the procedures for cancellation provided for by the contract specify conditions precedent to the right

  • FINRA Fines Credit Suisse $16.5 Million Over AML Violations

    The Financial Industry Regulatory Authority ("FINRA") recently announced that it had fined Credit Suisse Securities (USA) LLC, a former unit of Credit Suisse AG, $16.5 million for anti-money laundering ("AML First, Credit Suisse primarily relied on its registered representatives to identify and escalate potentially Credit Suisse also failed to use certain scenarios designed by the system to identify common suspicious Credit Suisse neither admitted nor denied the charges but did agree to FINRA's findings.

  • Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding The English Language

    Haber When a party releases another from claims or the threat of claims, he/she is giving up the right

  • Fraud by Omission

    a 100% membership interest in AHC (without prior notice to Johnson and without offering Johnson the right &A; (3) a “notice of action in lieu of meeting,” a “notice of merger,” and a “notice of dissenters’ rights

  • Second Department Decides Two Cases Under RPAPL 1301

    that “RPAPL 1301(3) should be strictly construed since it is in derogation of a plaintiff's common-law right

  • Concealment of Information Helps Save Complaint From Statute of Limitations Dismissal

    is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them. NK Magazine and its intellectual property rights. Up until the 2013-14 Arbitration, Z! Chodos ‘was the right-hand man with everything.

  • Who, What, Where and How – The Foundation of Every Fraud Claim

    In the absence of an operating agreement, the rights, duties and obligations of an LLC member are governed See , e.g. , Matter of Eight of Swords, LLC , 96 A.D.3d 839 (2d Dept. 2012); Matter of 1545 Ocean Ave E.g. , Matter of Eight of Swords, LLC , 96 A.D. 3d 839, 840 (2d Dept. 2012).

  • Fraud Claim Dismissed on Statute of Limitations Due To Inquiry Notice

    victim of fraud, the courthouse doors will, nevertheless, close on the litigant who sits on his/her rights

  • Fraud Notes: Hints of Falsity and Failure to Plead Damages

    appointed as Cobalt’s “exclusive agent” to provide Cobalt with certain services, including exercising the right CWCI exercised that right by appointing itself as the CCR. Incorporated sold certain notes to defendants, OZ Master Fund, Ltd., OZ Enhanced Master Fund, Ltd., OZ Credit sustained damages,” noted the Court, “it must plead ‘allegations from which damages attributable to might

  • Choice of Law Clause: Which Law Should Be Applied?

    rather than invalidate them on the pretext of public policy, unless they clearly contravene public right

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