Haber Under the Federal Arbitration Act (“FAA”) and Article 75 of New York’s Civil Practice Law and Rules

Law Off. of Howard R. Birnbach , 82 A.D.3d 1077, 1078-1079 (2d Dept. 2011). manner that adversely affected her, in violation of Section 417(b) of the Limited Liability Company Law Section 417(b) of the Limited Liability Company Law prohibits the amendment of an operating agreement injunctive relief for breach of the Original Operating Agreement and the Limited Liability Company Law that she intended to and purportedly adopted a new operating agreement for J&A in violation of the law

Under New York law, a party commences a civil action by filing a summons and complaint. The third cause of action, asserted against RPZL, claimed a violation of Labor Law § 198(1-a) based upon judgment, the moving party must make a prima facie showing that it is entitled to judgment as a matter of law its claim or defense sufficiently to warrant a court directing judgment in its favor as a matter of law As to the Labor Law claims, the Court found that the individual defendants’ affidavits conflicted with

their intent.” 18 Takeaway In New York, whether a contract is clear and unambiguous is a question of law City of New York , 17 N.Y.3d 180, 186 (2011); see also Law Deb. Trust Co. of N.Y. v.

The law is clear that “ hen the terms of a written contract are clear and unambiguous, the intent of Whether a contract “is ambiguous is a question of law to be resolved by the courts.”  contradicts plaintiff’s pleading and conclusively establishes a defense to the asserted claim as a matter of law

Plaintiffs commenced the lawsuit by filing a summons on October 22, 2024, followed by a complaint on determine timeliness, [the court] consider[s] whether [the] plaintiff’s complaint must, as a matter of law

“We allege that Franzone and FFM violated federal securities laws by breaching these fundamental obligation New York, charges Franzone and FFM with violating the antifraud provisions of the federal securities laws We will continue to work with our law enforcement partners to protect investors from these types of deceptive

Haber Under New York law, fraud claims are not duplicative of breach of contract claims when they are

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

Under as-amended Section 8.4 of the 2016 Loan Agreements, the Lenders agreed to fund the cost for any line item in the Property budget even if there were cost overruns on another line item or on the budget as In modifying the motion court’s order, the Court reaffirmed New York law, which prevents a party that

district courts “…shall have original jurisdiction of all civil actions arising under the Constitution, laws that the conduct complained of must have been committed by a person acting under the color of state law complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws judgment of foreclosure and sale because “judgments of foreclosure are fundamentally matters of state law

prepopulated and retyped signatures in emails reflects a needless formality that does not reflect how law York's Electronic Signatures and Records Act (ESRA) provides: "unless specifically provided otherwise by law , an electronic signature may be used by a person in lieu of a signature affixed by hand. electronic record and executed or adopted by a person with the intent to sign the record" (State Technology Law A lawyer has ethical obligations to communicate all settlement offers to a client and to counsel the