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797 results found for "park doctrine"
- Disclaimers and Justifiable Reliance – What a Pair!
written agreement that certain facts were true). [10] DDJ , 15 N.Y.3d at 155 (internal quotation marks
- Willful Exaggeration under Lien Law 39-a
BKS-NY, LLC , 204 A.D.3d 1004, 1006 (2 nd Dep’t 2022) (citation and internal quotation marks omitted (Citations and internal quotation marks omitted.)
- Typographical Errors, Grammatical Mistakes, and Other Obvious Errors Do Not Render a Contract Ambiguous, Says The New York Court of Appeals
absurdity has been identified or the contract would otherwise be unenforceable either in whole or in part Philles Records , 98 N.Y.2d 562, 569 (2002) (internal quotation marks omitted). See Reiss v. Trust 2005-EMG , 20 N.Y.3d 881, 883-884 (2012) (internal quotation marks omitted).
- Second Department Shorts: Two Cases, One Element of Fraud
Tsinias arose out of a landlord-tenant relationship at a commercial building located on Park Avenue
- Pursuant to RPL 282(1), Attorney’s Fees Are Available to Borrowers In Mortgage Foreclosure Actions If They Know How to Ask For Them
Taliercio , 8 A.D.3d 476 (2 nd Dep’t 2004) (citations, internal quotation marks and brackets omitted mortgagor as the result of the failure of the mortgagee to perform any covenant or agreement on its part
- When the Pleading Makes It Difficult to Determine the Causes of Action Being Pled
statute of limitations did not begin to run until the last unlawful act under the continuous wrong doctrine
- THE FIRST DEPARTMENT GRANTS PETITION FOR PRE-ACTION DISCLOSURE PURSUANT TO CPLR 3102(c) TO IDENTIFY THIEF AGAINST WHOM PETITIONER INTENDED TO BRING A CONVERSION CLAIM
Google, Inc. , 86 A.D.3d 32, 38 (1 st Dep’t 2011) (citation, internal quotation marks and brackets omitted New York City Transit Auth. , 112 A.D.2d 939, 940 (2d Dept. 1985) (citation and internal quotation marks (citation and internal quotation marks omitted).
- New York Ag Obtains $40 Million Settlement With Investment Management Company For Tax Fraud, Marking Largest Tax Whistleblower Recovery In State History
operate both inside and out of New York City and New York State, they must apportion for tax purposes the part
- Court Finds That Sophisticated Plaintiff Unable to Demonstrate Justifiable Reliance on Alleged Misrepresentation and Omission
Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks omitted). KNK Enters.
- CPLR 321(c) and the Death, Removal or Disability of Counsel
Simonsen , 208 A.D.3d 1167, 1169 (2 nd Dep’t 2022) (citations, internal quotation marks and brackets
- It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA
Patella , 279 A.D.2d 604, 605 (2 nd Dep’t 2001) citations and internal quotation marks and brackets
- “Missed it by That Much” – CPLR 205-A and FAPA
As part of FAPA, the Legislature enacted CPLR 205-A , [5] which addresses issues similar to those in sixteen and rule thirty-four hundred four of this chapter, for violation of any court rules or individual part [Citations, internal quotation marks and brackets omitted.]
