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797 results found for "park doctrine"
- Specific Jurisdiction and the Statute of Limitations for Fraud
Siegal , 85 A.D.3d 687, 688 (1st Dept. 2011) (citation and internal quotation marks omitted). fraudulent inducement, misrepresentation or deception are sufficient to invoke the equitable estoppel doctrine plaintiff must demonstrate reasonable reliance on the defendant’s misrepresentations to invoke the doctrine To satisfy CPLR § 302(a)(1), a plaintiff must satisfy a two-part test. Instead, “ hey voluntarily chose … to try and collaborate with Lebedev in exchange for a part of any
- Enforcement News: Don’t Get Spoofed Again
Department of Justice (“DOJ”) and agreed to pay a total monetary sanction of more than $15 million as part Commenting on the SEC’s enforcement action and settlement, Mark Cave, Associate Director in the SEC’s
- Corporate Officer Dismissed from Fraud Action Because the Plaintiffs Could Not Pierce the Corporate Veil
While application of the doctrine depends on the facts and circumstances of each case ( Ledy v. Gasarch Background Coast to Coast arose from an alleged fraudulent scheme by the defendants – Mark Gasarch For his part, Gasarch moved for summary judgment to dismiss the complaint as against him on the grounds (internal quotation marks omitted). (internal quotation marks omitted).
- Second Department Tackles Judiciary Law § 487 and Common Law Fraud Claims in a Dispute Arising from a Transaction to Purchase Real Property
This made a difference because the seller subsequently re-sold the property to South Ozone Park Realty Hambros PLC , 244 A.D.2d 39, 46 (1998) (internal quotation marks and brackets omitted).
- Defendant Estopped From Vacating Default on Jurisdictional Grounds
Dalessio , 137 A.D.3d 860, 862-863 (2d Dept. 2016) (internal quotation marks omitted); and citing Wells MacPherson , 301 A.D.2d 485, 486 (2d Dept. 2003) (internal quotation marks omitted)). Id.
- COVID-19 Update: New York State Courts and The Rules for Virtual Signatures
Marks issued a memorandum to all trial court justices and judges advising them that, starting on Monday Such conferences, said Chief Administrative Judge Marks, are to be “conducted remotely, by Skype or by Courts that have high-volume calendar parts, such as compliance and trial assignment parts (primarily that can be assigned to judges to conduct remote conferences. “ he goal,” said Chief Administrative Marks
- First Department Concludes the Automatic Stay of Discovery Under the PSLRA Does Not Apply During the Pendency of an Appeal
Supp. 2d 252, 254-255 (S.D.N.Y. 2005) (internal quotation marks and citation omitted); see also In re
- Do Not Complain About What You Annex to Your Complaint
Freiberger Pursuant to CPLR 3014 , inter alia , “ copy of any writing which is attached to a pleading is part Where “a copy of the agreement is annexed to and made a part of the complaint, the rights and duties Kennecott Copper Corp. , 25 A.D.2d 57, 58 (1 st Dep’t 1966) (citation and internal quotation marks omitted The contract, therefore, was part of the complaint “for all purposes” (CPLR 3014), and facts admitted
- Arbitration: When “May” Means “Shall”
reason for this requirement, quite simply, is that by agreeing to arbitrate a party waives in large part In another part of the Purchase Agreement, the parties agreed that the arbitration clause did “not preclude Philles Records, 98 N.Y2d 562, 569 (2002) (internal quotation marks and citation omitted). [12] Riverside
- NO NOTICE + NO APPEARANCE = NO DEFAULT: NOTICE MAY BE NECESSARY BEFORE A DEFAULT CAN BE ENTERED FOR MISSING A COURT APPEARANCE
Espinal , 187 A.D.3d 1131 (2 nd Dep’t 2020) (citations and internal brackets and quotation marks omitted Foley , 130 A.D.3d at 681 (citations and internal quotation marks omitted).
- Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable
(internal quotation marks and citation omitted).
- Referees to Compute in Mortgage Foreclosure Actions
Thus, RPAPL § 1321(1) provides, in pertinent part that “[i]f the defendant fails to answer within the Boyanzhu, 144 A.D.3d 675, 676 (2nd Dep’t 2016) (citations, internal quotation marks and internal brackets

