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797 results found for "park doctrine"
- The Failure to Exercise Reasonable Diligence Dooms Application of 2-Year Discovery Rule
(citation and internal quotation marks omitted). [9] See Shalik v. plaintiff that he or she may have been defrauded, so as to trigger a duty to inquire on his or her part
- Lost Profits and Promises of Future Performance
Ireland, Ltd. , 22 N.Y.3d 799, 805-806 (2014) (internal quotation marks and citation omitted). 5. (citations and quotation marks omitted). 13. WIT Holding Corp. v.
- Salt and Vinegar Flavored Potato Chips and GBL §§ 349 and 350
Co. , 87 N.Y.2d 308, 321 (1995) (internal quotation marks omitted). [4] Oswego Laborers’ Local 214 Pension
- Fraudulent Inducement Is Not a Do-Over: Emails, Merger Clauses, and Justifiable Reliance
County 2012), aff’d , 103 A.D.3d 13 (1st Dept. 2012) (internal quotation marks and citation omitted).
- ELECTION OF REMEDIES UNDER RPAPL § 1301
Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage The complaint shall state whether any other action has been brought to recover any part of the mortgage debt, and, if so, whether any part has been collected. 3. Dann , 85 N.Y.2d 767, 772 (1995) (citations, internal quotation marks and emphasis omitted). Conlin , 129 A.D.3d 804 (2 nd Dep’t 2015) (citations and internal quotation marks omitted).
- WHEN IT COMES TO EVIDENCE, “FIRST-HAND KNOWLEDGE IS POWER”
Also, when a standing defense is raised, a foreclosing plaintiff “must prove its standing as part of indorsement must be . . . on the instrument or on a paper so firmly affixed thereto as to become a part (Some citations, internal quotation marks and brackets omitted.) (Citations and internal quotation marks omitted.) (Some citations, internal quotation marks, brackets and ellipses omitted.)
- Choice of Law Provision Held Invalid Because Its Application Violates New York Public Policy
(internal quotation marks and citation omitted); Welsbach , 7 N.Y.3d at 632; Cooney , 81 N.Y.2d at 80
- Second Department Remands For Hearing on Whether Lender Negotiated in Bad Faith During Mandatory CPLR 3408 Foreclosure Settlement Conference
Rose , 209 A.D.3d 623, 625 (2 nd Dep’t 2022) (citations and internal quotation marks omitted).
- Purchasers Should Take Mortgage Contingency Clauses Literally
Frankel , 276 A.D.2d 657, 659 (2 nd Dep’t 2000) (citations and internal quotation marks omitted). (Citation and internal quotation marks omitted.)
- Sparse Allegations of Material Misrepresentations and An Insincere Promise to Perform Under a Contract Held Not Sufficient to State a Claim for Fraud and Fraudulent Inducement
at 491 (internal quotation marks and citation omitted). Id. at 492. Id. GoSmile, Inc. v.
- IN LIGHT OF COVID-19, SUFFOLK COUNTY ANNOUNCES NEW PROCEDURES FOR SCHEDULING FORECLOSURE SALES
Marks issued Administrative Order 157/20 (“AO 157/20”) < HERE =">HERE</a>"> , which became effective
- Second Department Holds that Consolidation Should be Denied Where One Action is the Subject of a Pending Meritorious Motion to Dismiss
Flatbush Avenue Realty, LLC , 209 A.D3d 961, 963 (2 nd Dep’t 2022) (citations and internal quotation marks
