Search Results

potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might the existence of a factual issue is arguable.” 20 On summary judgment, “facts must be viewed ‘in the light

While some of these activities are benign, others, such as entry into agreements with vendors, creditors

unmistakable agreement of the parties to that effect), this would incur an unacceptable risk that parties might be compelled to surrender their right to court adjudication, without their having consented.”

A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a The stockholder brings the action, in behalf of others similarly situated, to vindicate the corporate rights and a judgment on the merits is a binding adjudication of these rights.

)(b), and as required in part by 13 NYCRR § 440.5(b), the State of New York would be exercising its right consequence, the Court declined to rule on this aspect of the motion with defendants reserving their rights and other documents and by (ii) misrepresenting the performance of their remarketing and letter of credit confirmed that the defendants had met and coordinated their response to an April 2012 Bank of America credit investor run on those bonds which would result in Bank of America having to draw down the letter of credit

In light of the adverse inference, the court properly granted plaintiffs summary judgment as to liability

Cerberus maintained that, in light of this defense, any attorney-client privilege assertion relating asserting a different understanding than the Contracts’ plain meaning, and (2) denying evidence that might Credit Suisse First Boston v. Utrecht-America Fin. Co. , 27 A.D.3d 253 (1st Dept. 2006).

centralized plan to preserve data or even the various devices used by the key players in the transaction might

Because of the tight-knit structure of many groups, it can be difficult for regulators or law enforcement

potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might Behind the doctored purchase order, Cherniak found eight photocopies of a legitimate purchase order issued Plaintiffs asserted eight causes of action. In fact, the complaint alleges that defendant suggested that plaintiff might make a return of ten percent

This common-law right of dissolution of minority shareholders was supplemented by the New York Legislature which provided the holders of 20% or more of the outstanding shares of a close corporation with the right enjoy flexibility in memorializing these expectations through agreements setting forth each party's rights that “go far beyond charges of waste, misappropriation and illegal accumulations of surplus, which might

of justice standard is a broader standard than good cause, intended to accommodate late service that might