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797 results found for "park doctrine"
- Second Department Holds That Foreclosing Lender is Not a “Debt Collection Agency” and, Therefore, is Not Subject to Licensure Under New York City Administrative Code Section 20-490
Article 13 (which governs mortgage foreclosure actions) “distinguishes between an action to recover any part (Citations and internal quotation marks omitted.) intended to apply to the entire, expanded definition of "debt collection agency," or only to the first part (Citations and internal quotation marks omitted.)
- Failure to Demonstrate Mailing of Invoice Dooms Account Stated Claim
Gatti Paper Stock Corp. , 256 N.Y. 211, 214 (1931) (internal quotation marks omitted). Infinite Ortho Prods., Inc. , 127 A.D.3d 1050, 1051 (2d Dept. 2015) (citations and internal quotation marks
- Court Finds Issues of Fact Over Intent to Shorten the Statute of Limitations
Co. , 22 N.Y.3d 511, 519 (2014) (internal quotation marks and citation omitted). (internal quotation marks and citation omitted). defined by Section 11-2116 (b) of the New York City Administrative Code, which provides, in relevant part Benn , 82 A.D.3d 548, 548 (1st Dept. 2011) (internal quotation marks and citations omitted); see also Extell Riverside LP , 60 A.D.3d 61, 66 (1st Dept. 2008), aff’d, 13 N.Y.3d 398 (2009) (internal quotation marks
- RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
(Citations and internal quotation marks omitted, hyperlink added.)
- Be Careful When Purchasing Interests in Structured Settlement Payments
(Citations and internal quotation marks omitted.)
- SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
Henkin , 30 N.Y.3d 656, 661 (2018) (citation and internal quotation marks omitted). sought to be determined, or from using certain witnesses; or 3. an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or any part (Citations and internal quotation marks omitted.)
- The First Department Sanctions a Hefty Sanction and Holds that Voluntary Discontinuance of Action Does Not Divest the Court of Jurisdiction to Award Sanctions Against Plaintiff for Refusing to Exec...
reasonably incurred and reasonable attorney's fees, resulting from frivolous conduct as defined in this Part party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part , which shall be payable as provided in section 130-1.3 of this Part.” 22 NYCRR 130-1.1. (Citation, internal quotation marks and brackets omitted.)
- Second Department Addresses Issues Regarding Proof of Value of Foreclosed Property for the Purpose of Calculating Deficiency Judgment Under RPAPL 1371
Bitar , 106 A.D.3d 690, 690-91 (2013) (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) Moreover, the part of the appraisal report that discussed the income approach is incomplete, and the part of the appraisal report that discussed the sales comparison approach is completely omitted from
- WEARING TOO MANY HATS CAUSES REAL ESTATE BROKER TO LOSE A SIGNIFICANT COMMISSION
(Internal quotation marks and citations omitted.) Relying on the “law of the case” doctrine, Supreme Court held that because plaintiffs acted in a dual
- Licorice Sticks and New York's General Business Law
. § 101.62(b)(2)(ii)) (internal quotation marks omitted). [17] Id.
- Deacceleration Letters Under The Foreclosure Abuse Prevention Act
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted).
- Jurisdictional Defects and The Dismissal of Fraud-Based Claims on Limitations Grounds
Nicola Del Roscio (“Del Roscio”)) “that the Work would be included in a publication intended to be part motion court found plaintiff’s assertions that Del Roscio was the “key decision maker”, “an integral part Gasarch , 149 A.D.3d 485, 486-487 (1st Dept. 2017) (internal quotation marks and citation omitted). (citation and internal quotation marks omitted). See Shalik v.
