be recovered upon a sum awarded because of a breach of performance of a contract, or because of an act or otherwise interfering with title to, or possession or enjoyment of, property, except that in an action Liquidated damages provisions are ideal “‘in those situations where it would be difficult, if not actually impossible, to calculate the amount of actual damage.’”  Congress Financial Corp ., 4 N.Y.3d 373, 379 (2005)), but reflect a “reasonable estimate of actual damages

As explained, under CPLR § 5014, as it presently stands, a judgment creditor can commence an action for Castillo-Florez , 220 A.D.3d at 14 (citations omitted); see also Bank of America v. In 2015, the Plaintiff commenced an action for a renewal judgment, which was granted, again, based on and in the subsequent action for a renewal judgment. and, if necessary, in this action was warranted.”

as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of the action In Peralta , borrower sought to have the foreclosure action dismissed “for failure to timely sell the On March 29, 2023, the Appellate Division, Second Department, decided Bank of America, N.A. v. The lender in Cord , commenced a mortgage foreclosure action in which a judgment of foreclosure and sale stayed, impaired or affected by any mistake, defect or irregularity in the papers or procedures in the action

, 169 A.D. 469, 471 (1 st Dep’t 1915) (“The court again wishes to express its condemnation of the acts acknowledgment is taken or the affiant, and that it will treat as serious professional misconduct the act The practice of taking acknowledgments and affidavits over the telephone, or otherwise, without the actual Thus, the operative provisions of Executive Order 202.7 provide: Any notarial act that is required under

agreement before it was clear and unambiguous and, as a result, barred plaintiff from bringing the action Holders of more than 25% of the receipts as “Required Holders” and empowered a “Holder Committee” to act , on behalf of all Holders, by virtue of or under any provision of this Agreement, to institute any action Plaintiffs commenced the action alleging that defendants breached the covenants, thereby devaluing the an action “on behalf of all Holders” but preserved their right to commence an action on their own behalf

In 2003, plaintiff’s prior action to declare the corrected deed void due to the forged signature was In 2009, Lewis borrowed $269,000 from Bank of America and, in conjunction therewith, delivered to the A deed containing the title holder's actual signature reflects the assent of the will to the use of the Thereafter, Bank 1 commenced an action against, inter alia , Bank 2 to foreclose its mortgage and to On the same day, Jones and Nykian, acting as Mentore’s agent, borrowed $300,000 from Bank 1 and, in exchange

Plaintiff commenced a personal injury action against Hyatt, which, in turn, brought a third-party action silence or, at most, mistake, negligence, or thoughtlessness, but never amounted to any intentional act

On April 2017, PSF commenced the action in the Supreme Court, Richmond County, against Eureka and the PSF requested that the motion court grant PSF summary judgment on its causes of action based on breach In addition, the attorney defendants moved pursuant to CPLR § 3211(a)(8) to dismiss the action insofar request from one of the parties to arbitrate.” 7 The Court also noted that under the Federal Arbitration Act Bronxville Police Taylor Act Comm. , 171 A.D.3d 932, 934 (2d Dept. 2019) (internal quotation marks omitted

KSFB commenced the action on February 8, 2024, asserting claims for (i) breach of the NDA against Focus Goldman and Fels moved to dismiss the first, fourth, and sixth causes of action pursuant to CPLR 3211 The Court held that the “motion court properly dismissed the first cause of action alleging that defendants its ‘heavy burden’ to show that defendants agreed in the NDA to forego, explicitly or implicitly, any action call, Fels “repeatedly assured [plaintiff] that there was no, and would be no conflict” in Goldman acting

$14 million to several whistleblowers who provided information and assistance in three enforcement actions approximately $1.2 billion to 241 individuals for providing information that led to successful enforcement actions the opening of an investigation and significantly contributed to the success of an SEC enforcement action than $4 million, to whistleblowers who provided information and assistance in two separate covered actions As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not

Special damages must be “fully and accurately identified ‘with sufficient particularity to identify actual losses.’” [8]   To set forth a cause of action in defamation per se, plaintiff need not plead special “Absolute privilege … entirely immunizes an individual from liability in a defamation action [] regardless such individuals is designed to ensure that their own personal interests—especially fear of a civil action were] false or not’ … , i.e. , malice.” [17]  The plaintiff bears the burden of proving the speaker acted

Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material damages. 1 Each element of the claim must be satisfied for the plaintiff to prevail on the cause of action On May 7, 2021, Martinez moved for summary judgment and dismissal of all causes of action against him The First Department modified the motion court’s order to dismiss the causes of action for fraud and third-party reliance does not satisfy the reliance element of a fraud claim unless the third party “acted