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797 results found for "park doctrine"
- GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
the packaging, container or label, because it was marketed as if it would be sold with the essential parts Co. , 87 N.Y.2d 308, 321 (1995) (internal quotation marks omitted).
- Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court
impossible to state in detail the circumstances constituting a fraud.” 10 N.Y.3d at 491 (internal quotation marks (“CPI”), filed suit in connection with the grant of employment compensation they claimed to be part of With regard to the fraud claims, Defendants argued that the claims were barred by the doctrine of collateral
- Out-of-pocket Fraud Damages: Proof Required to Determine the Value of Restricted Securities
Christie, Manson & Woods Intl. , 117 A.D.2d 284, 295 (1st Dept. 1986)) (internal quotation marks omitted
- Follow-up: Freedom Mortgage Corp. v. Engel
As part of the stipulation, the action was discontinued, without prejudice, and the Notice of Pendency foreclosure action, the plaintiff must prove, by tender of evidence in admissible form, its standing as part (Citations, internal quotation marks and internal brackets omitted.)
- U.S. Supreme Court Agrees To Consider Whether The Anti-Retaliation Provisions Of The Dodd-Frank Act Protect Internal Whistleblowers
opportunity to not only address the circuit split on the issue, but also the issue of the “Chevron deference” doctrine Under this doctrine, courts defer to agency interpretations of statutory mandates unless the interpretations With Justice Gorsuch now on the Court, it remains to be seen whether the doctrine will survive scrutiny While sitting on the Tenth Circuit, then-Judge Gorsuch called the doctrine “a judge-made doctrine for The doctrine was also a factor in the Ninth Circuit’s opinion.
- Merger Clauses, Disclaimer Clauses and Derivative Standing
(internal quotation marks and citation omitted) (alteration in original). [6] Basis Yield Alpha Fund
- Pleading With Particularity: Defamation Causes of Action
Abel , 10 N.Y.3d 271, 276 (2008) (internal quotation marks omitted). Dillon v.
- Legal Opinion Letters Can Be Fraudulent
(internal quotation marks and citation omitted). Id. at 492. Id. Fortress , 89 A.D.3d at 617. Id.
- Appraisal Report Prepared for Estate Tax Purposes Is Discoverable Says the Third Department
Henkin , 30 N.Y.3d 656, 661 (2018) (internal quotation marks, brackets, ellipsis and citations omitted People Care Inc. , 155 AD3d 1208, 1209-1210 (3d Dept. 2017) (internal quotation marks and citation omitted Ambac , 27 N.Y.3d at 624 (internal quotation marks and citation omitted). Ambac , 27 N.Y.3d at 624 (internal quotation marks and citation omitted). In December 2015, plaintiff, Mark A.
- Pleading Reasonable Reliance Is “Always Nettlesome”
The Allbashis purchased the Property in part by a $475,000 loan, which was secured by a mortgage, they Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted).
- Press Release With a Worldwide Distribution Insufficient to Confer Personal Jurisdiction Over Defendant
INS , 157 F.3d 106, 123 (2d Cir.1998) (internal quotation marks omitted); accord Deutsche Bank , 7 N.Y Deutsche Bank , 7 N.Y.3d at 7 (internal quotation marks omitted). Best Van Lines , 490 F.3d at 248.
- SUPREME COURT, NEW YORK COUNTY, DENIES MOTION FOR A PROTECTIVE ORDER FOR EMAIL COMMUNICATIONS BETWEEN EMPLOYEES AND THEIR ATTORNEY MADE OVER EMPLOYERS’ EMAIL SYSTEM
Asia , 322 B.R. at 255 (citations, internal quotation marks and brackets omitted). Asia , 322 B.R. at 255 (citations and internal quotation marks omitted).
