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878 results found for "creditors rights"
- Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213
Accordingly, the Capolino Court “was persuaded that the untimeliness of the proper service could be and rightly
- Specific Jurisdiction and the Statute of Limitations for Fraud
it does not conclusively appear that a plaintiff had knowledge of facts from which the alleged fraud might Kagalovsky , 118 A.D.3d 68, 77 (1st Dept. 2014) (“ waived the right to challenge personal jurisdiction by freely using the protections of the New York courts when pursuing rights related to the partnership difficulty sophisticated parties have demonstrating that they acted with diligence to protect their rights
- It’s Settled!! The Second Department Holds that Length Does Matter
Moreover, in light of the lack of prejudice to the plaintiff resulting from the defendant's short delay
- Enforcement News: The Intersection of Affinity Fraud and a Ponzi Scheme
Because of the tight-knit structure of the group, it can be difficult for regulators or law enforcement
- Fraud Notes: A Little of This. A Little of That
) Central Conveyor employees, including Kevin Estes and Jeffrey DeBrabander, regularly used company credit Tsubaki Holdings, Inc., the right to sue for fraud”, the “PSA be said to bar (as duplicative) a cause
- Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
your friend,” Barga exited the vehicle, walked to the back, and allegedly punched plaintiff on the right
- First Department Finds 45-Year-Old General Release Sufficient To Bar Action To Recover Stolen Art
Plaintiff initiated the action in January 2013 seeking a judgment declaring her rightful ownership of In light of the broad scope of the Release, Frenk serves as a reminder (and a warning) to practitioners
- If At First You Don’t Succeed, Try, Try Again, Particularly If CPLR 306-b is Involved
the “broader” interest of justice standard, which is “more flexible accommodates late service that might
- The Arbitrator, Not The Court, Decides Questions of Contract Validity
. 1 In fact, arbitration is a preferred means for the settlement of disputes between parties. 2 In light
- Enforcement News: SEC Charges Former Executives of High-Performance Glove Manufacturer with Revenue Recognition Fraud
oral or written side agreements that induce customers to purchase goods they have an unconditional right
- Court Dismisses Breach of Fiduciary Duty Claim That Should Have Been Brought Derivatively
, managing member and non-managing member) that will support a direct action in circumstances that might The pertinent inquiry is whether the thrust of the plaintiff’s action is to vindicate his personal rights
- Plaintiff Unable to Demonstrate Economic Duress to Avoid the Voluntary Payment Doctrine
The written protest must also indicate that the plaintiff was reserving his/her rights when the payment decision to demand the payment was lawful ( e.g. , if an agreement existed, was the demand based on rights Cir. 2011) (“The law demands threatening conduct that is ‘wrongful,’ i.e. , outside a party’s legal rights Plaintiff missed the maturity date payment by one week causing Blackrock to exercise its right under Known rights should be asserted promptly.” (Internal quotation marks altered.)