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797 results found for "park doctrine"
- Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
unopposed motion for summary judgment pursuant to CPLR 3212 due to evidentiary failures on movant’s part (Citation and internal quotation marks omitted.) (Citations, internal quotation marks and brackets omitted.) Jonathan H.
- Fraud and The East Hampton Dream Home
Leasing Sys., Inc., 10 N.Y.3d 486, 491 (2008) (citation omitted). [4] Id. at 491 (internal quotation marks
- Release in Settlement Agreement Bars Class Action To Recover Damages For Certain Rent Overcharges
or before entry of the [judgment] that are based upon or related to, or arise out of, in whole or in part or before entry of the [judgment] that are based upon or related to, or arise out of, in whole or in part aside written agreements, namely, duress, illegality, fraud, or mutual mistake”) (internal quotation marks
- Omissions Save Fraud-Based Counterclaims From Dismissal
Pludeman , 10 N.Y.3d at 491 (internal quotation marks and citation omitted). Id. at 492. Id. Wildenstein , 16 N.Y.3d 173, 178 (2011) (internal quotation marks and citation omitted); Lama Holding
- Referee Fees
Wells Fargo, at 2 - 3 (citations and internal quotation marks omitted).
- First Department Holds That a Business-Entity Owner of Residential Property Can Avail Itself of the Protections of the New York City Home Improvement Contractor’s License Requirement
(Citations and internal quotation marks omitted.)
- Second Department, Once Again, Dismisses Payment Claim of Unlicensed Electrical Contractor Despite Close Relationship with Licensed Electrical Contractor that Obtained the Permits and Performed the...
business must be licensed by virtue of state or local law, a plaintiff must allege in its complaint “as part (Internal quotation marks omitted.)
- Supreme Court Hears Argument In Digital Realty – Whistleblowers Who Report Suspected Violations Of Law Internally May Not Be Protected From Retaliation Under Dodd-Frank
( here ), this Blog discussed the possibility that the Court could address the “Chevron deference” doctrine Under this doctrine, courts defer to agency interpretations of statutory mandates unless the interpretations This Blog opined that Justice Gorsuch was no fan of the doctrine, noting that “ hile sitting on the Tenth Circuit, then-Judge Gorsuch called the doctrine ‘a judge-made doctrine for the abdication of the judicial During the argument, Justice Gorsuch showcased his dislike of the doctrine.
- Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks omitted). KNK Enters.
- Second Department Holds that “Sheltering in Place in a Seasonal Home” During the COVID-19 Pandemic Does Not Create a “Sufficient Degree of Permanence” to Support Parties’ Residency for Venue Purposes
county in which one of the parties resided when it was commenced; the county in which a substantial part (Citations, internal quotation marks, ellipses and brackets omitted.) (Citations, internal quotation marks, ellipses and brackets omitted.)
- Temporary Receiverships
Jacynicz , 270 A.D.2d at 85 (citations and internal quotation marks omitted). Jacynicz , 270 A.D.2d at 85 (citations and internal quotation marks omitted). Suissa v. Suissa , 107 A.D.3d at 689 (citations and quotation marks omitted). Suissa , 107 A.D.3d at 689 (citations and quotation marks omitted). Board of Managers , 100 A.D.3d at 673 (citations and internal quotation marks omitted).
- When Disaster Strikes, is it Spoliation?
Haber Document discovery is an integral part of any litigation. Berkoski Oil Co. , 58 A.D.3d 717, 718 (2d Dept. 2009) (citation and quotation marks omitted); Mendez
