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Search results for "lien law"
1208 results found for "lien law"
- Fraud Notes: Fraud That Overcomes a Pleaded Defense and Impermissible Group Pleading
Haber Under the law, the perpetration of a fraud can be the great equalizer between winning and losing convince EPAC that the Editis Defendants could withhold payments under the Agreement based on French tax law The First Department’s Decision On appeal, the First Department “unanimously reversed, on the law,” vacated complaint, plaintiffs added parties and causes of action, including fraud, claims under General Business Law § 350 and unspecified sections of the Labor Law, equitable claims, and intentional infliction of emotional
- Fraudulent Conveyances Under The Former DCL
Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), the State’s almost century-old fraudulent conveyance law. relief under DCL § 274. 13 However, said the motion court, plaintiff did not demonstrate, as a matter of law “Debtor & Creditor Law § 273-a contemplates that the two judgments it refers to — the docketed judgment Finally, the Court held that “ he claim for intentional fraudulent conveyance under Debtor & Creditor Law
- Breach of Fiduciary Claim Dismissed on Pleading and Statute of Limitations Grounds
family-owned business that manufactures and distributes food products, pursuant to Business Corporation Law
- Conveyance to Extinguish an Antecedent Debt Held Not to Be Fraudulent Under (Old) DCL § 273-a
that plaintiff “failed to adequately plead a claim for fraudulent conveyance under Debtor and Creditor Law allegations, held the Court “do not state a claim for constructive fraud under the Debtor and Creditor Law immediately or mediately” from a good faith purchaser for value, is also not actionable (Debtor and Creditor Law insolvency was conclusory and, therefore, did “not suffice to support its claim under Debtor and Creditor Law and conclusory allegations’ do not state a claim for constructive fraud under the Debtor and Creditor Law
- Enforcement News: Artificial Intelligence and The Risk of Investment Fraud
Use AI First and foremost, investors should remember that federal, provincial, and state securities laws AI becomes more popular in the investing space, we will continue to be vigilant and pursue those who lie
- Enforcement News: Don’t Get Spoofed Again
known as “phishing”, email spoofing involves the transmission of emails having a falsified “From:” line ’s cease and desist order finding that it violated an antifraud provision of the federal securities laws
- When Are The Contents Of A Jointly Owned Safe Deposit Box Safe From Judgment Creditors Of One Joint Owner?
In many instances, the resolution of a lawsuit involves a money judgment. Once a judgment is docketed, it becomes a lien against the judgment debtor’s interest in real property securities, or other property, a presumption of joint tenancy with right of survivorship arises (Banking Law
- 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
According to CPLR 503(a) , “ xcept where otherwise prescribed by law, the place of trial shall be in In the mid-1980s husband and wife moved to New Jersey after graduating law school. Accordingly, the Court recognized that courts have looked to the “common-law definition of ‘resided’”
- Summary Judgment Denied Because Contract Not Clear and Unambiguous and Fraud Not Collateral to The Contract
Apr. 29, 2022) ( here ), the Appellate Division, Fourth Department considered principles of law familiar ’s breach of its contractual obligations, and damages resulting from the breach.” 1 Under New York law interpretation of the relevant contracts is the only reasonable interpretation thereof.” 13 Under New York law Importantly, the movant must make a prima facie showing of entitlement to judgment as a matter of law
- The Absence of a Single Statute of Limitations for Breach of Fiduciary Duty Claims
Importantly, “ o determine timeliness, consider whether plaintiff’s complaint must, as a matter of law for breach of fiduciary duty , a derivative claim on behalf of NAD pursuant to Business Corporation Law
- Pleading With Particularity: Defamation Causes of Action
readers of this Blog know, we often write about the pleading requirements under the Civil Practice Law question of whether the words were ever published, but also renders the complaint defective as a matter of law
- Is Your Settlement Agreement Subject to Its “Subject to” Language?
Supreme court then discussed the law in this area. The court explained that “the law distinguishes between “a preliminary agreement contingent on and not terms in the parties’ respective businesses, in an email sent during the mediation, with the subject line

