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Search results for "lien law"

1208 results found for "lien law"

  • Unlicensed Home Improvement Contractors Are Not Entitled To Payment Or To File Mechanics Liens

    New York case law and statutory law address this issue. In Millington v. Consistent with the case law, CPLR § 3015(e) requires that if a “plaintiff’s cause of action against a consumer arises from the plaintiff’s conduct of a business which is required by state or local law In reversing supreme court “on the law,” the Kristeel Court held that: (1) a complaint seeking recovery Adamao , was decided (as relevant here) under General Business Law § 772 (“GBL 772”), which provides

  • SEC Seeks to Amend Whistleblower Rules To Further Incentivize Whistleblowers To Report Violations of Law

    incentivized and appropriately rewarded for their efforts in reporting potential violations of the law

  • New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law

    privilege of conducting activities within the forum tate, thus invoking the benefits and protections of its laws In fact, noted the Court, the new terms agreed upon were at issue in the lawsuit. Judge Rivera explained that the lawsuit was based on a contract formed outside of New York for products However, in analyzing the facts and the law, it is hard to overlook some of the objections Judge Rivera Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C302:5). Jeffrey M.

  • Get Rid Of A Stale Mortgage By Bringing An Action Under RPAPL 1501(4)

    In situations where a mortgage appears as a lien of record on real property, but the statute of limitations , that no such action shall be maintainable in any case where the mortgagee, holder of the vendor's lien action brought under this section it shall be immaterial whether the debt upon which the mortgage or lien “The law is well settled that, even if a mortgage is payable in installments, once a mortgage debt is Department held that defendant borrower “established her prima facie entitlement to judgment as a matter of law

  • Recognition of Foreign Country Judgments and Summary Judgment in Lieu of Complaint

    Haber Under New York law, there are two methods by which a person can domesticate a foreign judgment The first method is contained in Article 54 of the Civil Practice Law and Rules (“CPLR”), which codified CPLR § 3213 governs motions for summary judgment in lieu of complaint. “Without presenting himself to a notary public or another official authorized by law to take oaths, Christofferson Cuomo signed into law the Uniform Foreign Country Money Judgments Act, which amended New York’s Uniform

  • Choice of Law: Always a Thorny Issue

    Therefore, “ f conflicting conduct-regulating laws are at issue, the law of the jurisdiction where the , New York law should apply because they were the same.  waiver of its argument that Cayman law applied. Thus, Cayman Islands law should apply. Slip Op. at *2. Among them, “What law should apply”? 

  • Line of Credit Agreement Is Not Considered A Promissory Note And, Therefore, Creates Standing Issues in Mortgage Foreclosure Action

    Put another way, “ 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.” analysis because the subject “Bank of America Equity Maximizer Agreement and Disclosure Statement” for a line (2 nd Dep’t 2016), also found that the lender “cannot make a prima facie case based solely on the line containing an unequivocal promise to pay a sum certain, the subject agreement merely shows that had a line

  • Court Denies Motion for Summary Judgment in Lieu of Complaint Because Note and Related Asset Purchase Agreement Were “Inextricably intertwined”

    Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu alleged default, the plaintiff commenced an action to enforce the note by moving for summary judgment in lieu This BLOG has written numerous of articles addressing summary judgment in lieu of complaint pursuant

  • Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award

    private person will resolve any legal disputes between them, instead of a judge or jury in a court of law Making a mistake in fact or law is not sufficient to vacate an award. decision will be upheld unless it is completely irrational or constitutes a manifest disregard of the law the parties’ dispute. 11 “To modify or vacate an award on the ground of manifest disregard of the law Petitioners are former equity partners of respondent law firm.

  • Second Department Cancels and Discharges of Record A Mortgage Pursuant to RPAPL 1501(4)

    In situations where a mortgage appears as a lien of record on real property, but the statute of limitations , that no such action shall be maintainable in any case where the mortgagee, holder of the vendor’s lien action brought under this section it shall be immaterial whether the debt upon which the mortgage or lien “The law is well settled that, even if a mortgage is payable in installments, once a mortgage debt is The Court explained the relevant law as follows: Pursuant to RPAPL 1501(4), a person having an estate

  • Documentary Evidence, Breach of Contract and Common-Law Indemnification

    among them, a motion to dismiss on the basis of documentary evidence, breach of contract and common-law Laws of N.Y., Book 7B, C.P.L.R. C3211:10 at 22. Therefore, Phipps could “not receive the benefit of common-law indemnity.” Id. The Court held that Phipps’ cross-claim for common-law contribution also failed. Id. Common-law contribution is not available.”

  • Intervention Permitted Where Questions of Law and Fact are Shared with A Party in A Pending Litigation

    She asks the lawyer what she can do. permissive intervention where “the person’s claim or defense and the main action have a common question of law was procured, administered and managed by deceptive and fraudulent practices under state and federal law concluded the Court, “ he main action and the proposed Intervenor Complaint … present common questions of law Shilon shows that where the facts and law are common, there is no prejudice to any party, and the intervenor

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