subdivision (d) of section 3012 or subdivision (a) of rule 5015, the court shall not, as a matter of law from exercising its discretion in the interests of justice to excuse delay or default resulting from law Indeed, there are many cases that analyze what constitutes “reasonable excuse” and/or excusable “law Law office failure may constitute a reasonable excuse ( see CPLR 2005). However, conclusory and unsubstantiated allegations of law office failure are not sufficient, and mere

such bases are the arbitrator exceeded his/her authority and the arbitrator manifestly disregarded the law in CPLR § 7511 (b), courts have vacated arbitral awards when an arbitrator manifestly disregards the law It requires more than a simple error in law or a failure by the arbitrators to understand or apply it ; and it is more than an erroneous interpretation of the law. are mystified by the result; for a party seeking vacatur on the basis of manifest disregard of the law

The law requires broker-dealers to file SARs with FinCEN to report a transaction (or pattern of transactions illegal activities; (2) is designed to evade any requirement of the BSA; (3) has no business or apparent lawful SAR “lack basic information regarding the Five Essential Elements … SAR s deficient as a matter of law and affiliate of Great-West Life & Annuity Insurance Company, for violating the federal securities laws SARs and by omitting information it knew about the suspicious activity it did report, GWFS deprived law

the parties interpret them differently.” 7 “Whether or not a writing is ambiguous is a question of law to “make a definitive showing that plaintiff’s reading of the agreement unreasonable as a matter of law

misconduct, which were not actions ‘taken in good faith and in the exercise of honest judgment in the lawful Scaglia Haart was the fourth of five lawsuits filed by plaintiff and defendant during the last few years The Court explained that “it be said, as a matter of law, that it was unreasonable for plaintiff to “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to

plaintiffs (the “Plaintiffs”), partners in Steamer Hart LLP, agreed to join defendants as partners in CKR Law action by service of a summons with notice, seeking a declaration that they were “not and never were law partners with the defendants” and monetary relief representing the fees paid to CKR Law by plaintiffs ’ clients; costs involved in plaintiffs’ move into (and, later, out of) the offices of CKR Law; and sums As such, consistent with the law in New York, and plaintiffs’ counsel’s demand for arbitration, the Court

April 24, 2020, this BLOG detailed the substance of Chief Judge DiFiore’s April 20, 2020 weekly on-line

Thus, upon a borrower’s default, among the remedies available to the lender, is an action at law on the RPAPL 1301 “is the embodiment of the equitable principle that once a remedy at law has been resorted that “RPAPL 1301(3) should be strictly construed since it is in derogation of a plaintiff's common-law

scheme to defraud, which had Ponzi-like attributes, and violations of the whistleblower protection laws The SEC also charged GPB Capital with violating the whistleblower protection laws. GPB Capital allegedly violated the whistleblower provisions of the securities laws by including language retaliation and attempts to stifle the free flow of information to the Commission about possible securities law

then-subsidiary, ORCO Germany, now defendant CPI Property Group (“CPIPG”), a company formed under the laws alleging violations of the Federal Racketeer Influenced and Corrupt Organizations Act and various New York laws Defendants maintained, among other things, that: (1) CPIPG is headquartered in and organized under the laws , conducted or transacted business in this state, or availed themselves of the benefits of New York law of conducting activities within the forum State, thus invoking the benefits and protections of its laws

voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law Equitable estoppel is “’imposed by law in the interest of fairness to prevent the enforcement of rights In addition, plaintiff’s reliance argument fails because plaintiff was required by law to produce a payoff statement after defendant demanded one under Real Property Law § 274-a .

of action: breach of contract, breach of express warranty pursuant to the Arts and Cultural Affairs Law Under the Arts and Cultural Affairs Law, “ henever an art merchant, in selling or exchanging a work of See Arts and Cultural Affairs Law § 13.01 (l)(a), (b).  The Arts and Cultural Affairs Law § 13:05(1) further states that “ hen an art merchant furnishes the See Arts and Cultural Affairs Law §15.15(1).