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797 results found for "park doctrine"
- In Case of First Impression, Second Department Holds That Arbitration Clause Entered into by Decedent Does Not Compel Arbitration of Wrongful Death Cause of Action by Administrator
ed] whether there [was] a valid agreement to arbitrate.”[20] “Whether or not the decedent was taking part Sutphin Airtrain Realty, LLC, 143 A.D.3d 972, 973 (2d Dept. 2016) (internal quotation marks omitted);
- Breach of Contract and Broken Cookies with Fraud and Fiduciary Duty Sprinkles
(citation and quotation marks omitted). The Court granted in part and denied in part the motion. Goldman, Sachs & Co. , 5 N.Y.3d 11, 19 (2005) (citations and quotation marks omitted). Genger , 152 A.D.3d 444, 445 (1st Dept. 2017) (citation and quotation marks omitted). Magarelli , 12 N.Y.3d 527, 532 (2009) (citations and quotation marks omitted).
- Facts Learned From Deposition Insufficient to Support Motion to Renew
alia , fraud allegedly arising from failed negotiations regarding the renewal of a contract to supply parts On a prior appeal, the Appellate Division, Fourth Department affirmed an order denying that part of plaintiff Wilson , 247 A.D.2d 830, 831 (4th Dept. 1998) (internal quotation marks omitted)); see also Heltz v.
- Absence of Shareholder Standing Negates Right to Recover Attorney’s Fees for Derivative Settlement
operation of law under BCL § 626 only if it occurs automatically by application of some legal mandate or doctrine Another exception to the rule is the continuing wrong doctrine. Courts in New York have recognized the continuing wrong doctrine as a limited exception to the contemporaneous
- Fraud Action Dismissed On Standing Grounds Because The Claim Did Not Transfer With The Assignment Of The Contract
On April 12, 2017, in Royal Park Investments SA/NV v. Morgan Stanley ( here ), Justice Charles E. Court, New York County, Commercial Division, dismissed with prejudice four complaints filed by Royal Park Investments SA/NV (“Royal Park”) against Morgan Stanley and other investment banking firms because the tort claims alleged by Royal Park had not been properly assigned to it. the PTA did not assign Royal Park any non-contractual claims.
- Judgment Debtors as LLC Members: How LLC Law § 607 Constrains Creditor Remedies
The motion court granted in part and denied in part petitioner’s motion. Beaver Street Pizza LLC, 194 A.D.3d 447, 447 (1st Dept. 2021) (internal quotation marks omitted).
- COVID-19 and The New York State Courts: “Up and Running” For “Essential and Emergency Matters”
On March 22, 2020, Chief Administrative Judge Lawrence Marks issued administrative order AO/78/20 ( here Chief Administrative Judge Marks issued the order in light of the public health concerns of the coronavirus As to preliminary, compliance and status conferences, Chief Administrative Judge Marks severely limited
- Failure to Plead Fraud with Particularity, A “Single Shot Transaction” and the Lemon Law
Am., LLC , 159 A.D.3d 664, 666 (2d Dept. 2018) (citation and internal quotation marks omitted).
- Fraudulent Inducement: Settlement Agreements, Releases, and No Reliance Clauses
inducement claim, the Court pointed to section 3 of the Settlement Agreement, which stated in pertinent part Slip Op. at *1 (quoting Centro , 17 N.Y.3d at 276 (internal quotation marks omitted)).
- Fraudulent Inducement, Merger Clauses and Duplication
Genger , 121 A.D.3d 270, 278 (1st Dept. 2014) (internal quotation marks omitted)).
- The Second Department Holds That Specific Performance Is Not Available When Seller Cancels Contract Due To Buyer’s Failure To Timely Obtain Government Approvals As Required By The Contract
Kaufman , 27 A.D.3d 816, 818 (3 rd Dep’t 2006) (citations and internal quotation marks omitted).
- Court Holds that Motion to Compel Arbitration Cannot be Made Until the Non-Movant Initiates Litigation
In recent years, arbitration has increased in popularity and is part of most business and commercial In addition to the language quoted above, CPLR § 7503(a) provides, in pertinent part, that: “If an issue They have adopted pro-arbitration doctrines such that arbitration agreements are almost always upheld
