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878 results found for "creditors rights"
- Change of Venue Procedures
Leasing , 167 A.D.2d 178 (1 st Dep’t 1990), for the proposition that in “limited circumstances” a court might A change of venue sought as of right on the ground that the county selected is an improper one must be
- Second Department Holds That Envelopes Containing Pre-Foreclosure Notices to Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices or Information
requisite RPAPL 1304 notices not only comports with the statutory language, it also provides clarity as a bright-line In establishing its “bright-line” rule, the Court also expressly rejected certain suggested “flexible
- Change of Venue, Convenience of Witnesses and Burdens of Proof
that they had contacted the nonparty witnesses, much less identify the specific inconveniences which might
- Court Holds That A Stockholder of A Canadian Corporation Failed to Demonstrate Specific Jurisdiction Sufficient to Challenge a Merger and Acquisition
Washington Companies, pursuant to which each share of Dominion’s common stock would be converted into the right Poms has not exercised rights as a dissenting shareholder.” In light of the foregoing, the Court held that “the fact that Defendants consulted attorneys who have
- Court Holds that a Letter of Intent is a Binding Contract When It Contains All the Material Terms of An Agreement
In determining the rights and obligations of parties to a written instrument, courts will enforce the The writing must expressly reserve the right not to be bound until a more formal agreement is signed. In fact, the lack of an expressed reservation of the right not to be bound by the letter of intent or City that it disagreed with the latter’s legal characterization and effect of the LOI and reserved all rights See also id . at *18 (“The lack of an expressed reservation of the right not to be bound by the LOI in
- Fraud and The East Hampton Dream Home
The mortgage secured plaintiff’s indebtedness to Hampton and was payable for eight years in monthly installments
- Be Careful What You Pay For -- The Voluntary Payment Doctrine, While Old, Is Alive And Well
In 1898, the First Department recognized that “ voluntary payment of money under a claim of right cannot The element of coercion is essential to the right.” ( Lesster v. City of New York , 33 A.D. 350. When the City refused to return the tax payment, Lester sued and prevailed in light of the mistake. Gimbels displayed a marked lack of diligence in determining what its contractual rights were, and is Known rights should be asserted promptly.
- In Pari Delicto, the Adverse Interest Exception and the Alleged Failure to Uncover Fraudulent Activity
Janes , 2 Johns Cas 417, 423 (N.Y. 1800) (parties in equal fault have no rights in equity); Sebring v See also Wight v.
- The Importance of Attaching Invoices When Seeking Relief Based Upon Those Invoices
As the reader might expect, plaintiffs do not always retain the invoice or other similar writing.
- Enforcement News: Spotlight on “Cherry-Picking”
an adviser separately purchases the same security for several clients on the same day, the adviser might For example, the investment manager might allocate the profitable trades to his/her personal account Conversely, trades that incur losses might be allocated to the accounts of less preferred clients of
- Reliance on Counsel Found to Waive Attorney-Client Privilege
In light of such testimony, it appears to have been an easy decision for the courts to find that the Light. Co. v. Allianz Underwriters Ins.
- Laches Defense Fails to Convince Court to Enter Judgment for the Defendant
Laches is an equitable bar to a claim that is based on a lengthy failure to assert one’s rights that Platt, 13 Sickels 646, 646 (1874) (“‘ aches cannot … exist where a party is ignorant of his rights, plaintiff knows or has reason to know about his/her claim, he/she must act diligently to protect his/her rights 1877) (“when a party with full knowledge of the facts, acquiesces in a transaction and sleeps upon his rights
