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because the rent under each amendment was below market: “The fact that plaintiff’s new general partner might “To establish the right to rescind an insurance policy, an insurer must show that its insured made a

Recovery Credit Servs., Inc. , 98 F.3d 13, 18 (2d Cir. 1996) (quoting Wm. Wrigley Jr. Co. v. Town-Line reserved the right to prepay the note at any time without penalty. On December 20, 2007, more than three years after the closing, Town-Line exercised its right to prepay would be left with no source of revenue going forward – thereby presenting a very real risk that DKM might To manage the risk that DKM might not be able to pay on indemnification claims, Town-line “retain part

opportunity to obtain new counsel before further proceedings are taken and thereby avoid prejudice that might

Bronx County Mar. 29, 2021), a case involving a commercial lease for space that was to be used as a night pandemic and the Governor’s executive orders prevented it from exclusively operating the space as a night

The complaint in Newpar alleged that a contract containing a “right of first refusal” on the sale of The Newpar Court found that, by recording the contract, defendant “converted his ‘personal right’ against “Since the defendant would be entitled to specific performance of his right of first refusal as against the plaintiff, a purchaser with notice of the defendant’s rights would likewise be subject to the same

was ever retained to represent [Corporation] in this action, the Affidavit advanced contentions that might

clear but is susceptible to different meanings; or although the language is clear, taken literally, it might “Insomnia”), a company engaged in the business of baking and delivering cookies, especially late at night contractual obligation to pay Barnett in the event of a Liquidation Event, Barnett did not retain any other right potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might

Wright Mach. Corp., 31 A.D.2d 136, 137 (1st Dept. 1968); Weissman v.

Practitioners and their clients involved in bond offerings or other credit instruments are no strangers through a trustee, who is given the sole authority to initiate and prosecute lawsuits to enforce the rights The claims arose from, among other things, the issuer’s exposure to credit default swap obligations incurred Takeaway A no-action clause typically channels the right to initiate lawsuits to the indenture trustee In Quadrant , the language used made the difference between allowing or barring securityholders the right

Id ., citing Kight v. Wyandanch Union Free Sch. statutory proscription, or an express limitation in the individual contract of employment, an employer’s right

In light of the reversal, and because the Second Department decided Freedom on statute of limitations In light of these evidentiary shortcomings, the Court found that lender failed to “meet its prima facie

Accordingly, particular words should be considered, not as if isolated from the context, but in the light