voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or law defendant “neither” established “‘accord and satisfaction’ nor ‘voluntary payment’, as a matter of law payments made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or law

commenced the action against defendants, asserting causes of action for, inter alia , violations of Labor Law §§ 240(1), 241(6), and 200, and common-law negligence. In part, defendant argued that it was entitled to judgment as a matter of law on the basis that, prior plaintiff. 12 Takeaway A “release is … a species of contract” that “is governed by the same principles of law

reporting, books and records, and internal accounting controls provisions of the federal securities laws charged Paul with violating the negligence-based antifraud and proxy provisions of the federal securities laws

be gathered from the four corners of the instrument, interpretation of the contract is a question of law

Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action its motion, the plaintiff failed to establish it prima facie entitlement to judgment as a matter of law

Under New York law, the assignment of the right to assert contract claims pursuant to a contract or note Subscription Agreement did not evince an intent to assign any fraud-based claims as required under New York law

Put another way, “[s]tanding to sue requires an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient predicate for determining the issue at the litigant's request.”

This holding is consistent with the body of case law holding that the statute of limitations on a promissory

explicit conflict disclosures in a later engagement letter, making reliance unreasonable as a matter of law  “In light of these written disclaimers,” concluded the Court, “it was unreasonable as a matter of law

the antifraud, proxy statement, reporting, and books and records provisions of the federal securities laws

There is a significant body of law governing the principal-agent relationship, including liability for disclose Canova as the principal: Here, the Contract was signed by individual defendant Bellati over a line A business lawyer and/or a commercial litigator can help draft such an agreement and/or represent the

“However, where the defendant’s participation in the lawsuit manifests an affirmative acceptance of the Takeaway New York law strongly favors arbitration as a preferred method of dispute resolution. In Tomaselli , plaintiff initiated a lawsuit and participated in litigation for nearly two years before