the down payment for failure to satisfy such a condition must be based on allegations that the buyer acted The purchaser commenced action against the seller in which he sought a declaratory judgment that he was Accordingly, the was entitled to summary judgment on his first cause of action and dismissing the counterclaims

event “beyond Tenant’s reasonable control …, including, without limitation strikes, labor troubles, acts of terrorism, or the occurrence of an act of God.” In response, plaintiffs filed the action, seeking injunctive and declaratory relief. 

paragraphs in the complaint supporting the scienter element, said defendants, concerned defendants acting Defendants argued that plaintiff failed to specify which defendant committed the alleged wrongful acts misrepresentation of material present fact, which is intended to deceive another party and induce that party to act requirement of CPLR § 3016(b) when the reference to “defendants” is specific to a limited group of persons acting for a corporate defendant, instead of a “diverse group of defendants to whom entirely different acts

felt they had been identified as a source of a report of wrongdoing also perceived either threats or acts In enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or the with “any lawful act done by – ‘(i) in providing information to the Commission …; (ii) in initiating of 2002,’” the Securities Exchange Act of 1934, and “‘any other law, rule, or regulation subject to Notably, the Dodd-Frank Act does not limit the private right of action to employees.

Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices Or Information ,” discussed Bank or America Dente After borrowers’ default, lender commenced an action against borrowers to foreclose the mortgage DeFeo Lender in Wells Fargo commenced an action to foreclose a mortgage.  ” and that a “defense based on noncompliance with may be raised at any time during the action.”  This Court recently determined, in Bank of America, N.A. v Kessler … , that RPAPL 1304(2) requires that

Epstein asserted causes of action alleging breach of contract against Cantor (first cause of action), cause of action), conversion against Cantor (fifth cause of action), violation of the faithless servant action), corporate raiding against the Boyd defendants (eighth cause of action), aiding and abetting Boyd defendants (eleventh cause of action). in New York is the Partnership Law of 1919, which enacted into law the original Uniform Partnership Act

champerty more as an annoying topic covered in bar review course rather than a legal theory that might actually or taking an assignment of a bond, promissory note, bill of exchange, book debt, or other thing in action , or any claim or demand, with the intent and for the purpose of bringing an action or proceeding thereon Co., 248 AD2d 311 ), it has been hesitant to find that an action is champertous as a matter of law with the limited scope of the champerty doctrine as it originally appeared and developed in the Anglo-American

Actions involving the pre-foreclosure requirements of RPAPL 1304 are frequently decided by the Appellate previously noted in our Blog: RPAPL 1304 requires that at least ninety days prior to commencing legal action list of approved housing agencies that provide free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  containing the statutorily mandated content is a condition precedent to the commencement of a foreclosure action

the Commission to pay whistleblowers for their information and assistance in connection with non-SEC actions Specifically, the SEC amended Rule 21F-3 to allow the Commission to pay whistleblower awards for certain actions “In 2010, Congress under the Dodd-Frank Act directed the SEC to establish a whistleblower program, which The first amendment expands the circumstances in which a whistleblower who assisted in a related action can receive an award from the Commission for that related action rather than from the other agency’s

Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time the plaintiff discovered or could have discovered The cause of action accrues when “every element of the claim, including injury, can truthfully be alleged Plaintiff commenced the action on May 19, 2023, asserting, inter alia , a fraud cause of action against Takeaway Blizniak highlights the need for litigants to act on facts and circumstances from which it could

Aisenberg, and Felton violated the antifraud provisions of Sections 17(a)(1) and (3) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) The complaint further alleged that Cordes and Aisenberg violated Section 10(b) of the Exchange Act and internal accounting control provisions of Sections 13(a), 13(b)(2)(A), and 13(b)(5) of the Exchange Act and 13b2-2 thereunder, and Cordes and Aisenberg with violating Section 13(b)(2)(B) of the Exchange Act

As discussed, the First Department held that such action sufficed. These causes of action included, among others, breach of contract. Defendants moved to dismiss each cause of action under CPLR 3211, which plaintiff opposed. As an initial matter, the motion court dismissed plaintiff’s breach of contract cause of action based may consist of an at-will employee’s decision to continue his employment or to refrain from doing an act