The “primary purpose of declaratory judgments is to adjudicate the parties’ rights before a wrong actually the declaration in the judgment itself cannot be executed upon so as to compel a party to perform an act [2]   Moreover, “where a full and adequate remedy is already provided by another well-known form of action Plaintiffs commenced the action on April 9, 2024. Delegation, they argued, was consistent with active leadership.

discussed in prior articles, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  Bank of America, N.A. v. Wheatly , 158 A.D.3d 736, 737 (2 nd Dep’t 2018) (citations omitted).   However, a “defense based on noncompliance with RPAPL 1304 may be raised at any time during the action

Plaintiffs brought the action to recover the $75,000 deposit they had paid to defendants for the loan , as well as damages in excess of $3 million that were allegedly caused by defendants’ acts and omissions Rossin Plaintiff commenced the action seeking damages resulting from defendants’ alleged breach of the Plaintiff moved to dismiss defendant’s fifth counterclaim for failure to state a cause of action and The motion court denied the motion, holding that the fraud cause of action was “pled with particularity

If the court grants the interpleader, the stakeholder is dismissed from the action. American Intern. Life Assur. Co. of N.Y. v. Ansel , 273 A.D.2d 421 (2d Dept. 2000). Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed Plaintiffs commenced the action in New York Supreme Court in March 2017. , the stakeholder cannot be held liable for an independent cause of action.

or vendors of any tier including anyone directly or indirectly employed by any of them and for whose acts

in which the beneficiaries would otherwise have no reason to know that the fiduciary was no longer acting continuing wrongs,” the statute of limitations will be tolled to the last date on which a wrongful act The application of the continuing wrong doctrine must “be predicated on continuing unlawful acts and Thus, the doctrine is inapplicable where there is one tortious act and “continuing consequential damages entered – i.e. , “the formalizing of the licenses in 2007 and 2011”, each of which “was a new, overt act

one party and fraud of the other, a court will reform the contract so as to make it conform to the actual , an action for specific performance or any other appropriate action or proceeding,” the Loan Agreement Nomura to have recourse against Bersin Properties — recourse for losses resulting from specific bad acts “Indemnitor,” namely Bersin Properties and defendant, assumed liability for certain enumerated bad acts In March 2016, plaintiff sought leave to convert its foreclosure action to a plenary action seeking recourse

“Where the acts of a third person intervene between the defendant’s conduct and the plaintiff’s injury Accordingly, although “an intervening intentional or criminal act will generally sever the liability More generally, “ n intervening act may not serve as a superseding cause, and relieve an actor of responsibility , where the risk of the intervening act occurring is the very same risk which renders the actor” liable On the other hand, “ f the intervening act is extraordinary under the circumstances, not foreseeable

State of New York joined the vast majority of jurisdictions to adopt the Uniform Voidable Transaction Act failed to satisfy a resulting judgment in the action; DCL § 274 (conveyance to defendants in a business Plaintiff commenced the action against defendants, interposing causes of action for violations of former DCL §§ 273, 273-a, 274, 275, and 276 (first, second, and third causes of action). Plaintiffs also interposed a cause of action against defendants David P.

Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action Arias , 121 A.D.3d 973, 973-74 (2 nd Dep’t 2014) (as to standing);  Bank of America, N.A. v. The focus of today’s article is on the default element of a foreclosure action. Lender in Zakarin commenced a residential mortgage foreclosure action in 2010 and moved for summary that lender’s submissions were insufficient to “establish, prima facie, the elements of a foreclosure action

Several recent residential mortgage foreclosure actions are a good reminder of the importance of promptly   ( See Bank of America v. Lucido (2 nd Dep’t July 11, 2018).)  In mortgage foreclosure actions, the preliminary step of moving for an order of reference is deemed to US Bank commenced its mortgage foreclosure action in July of 2008 and Onuoha served a pro se answer There, the foreclosure action was commenced in January of 2011. 

Haber Derivative actions are often brought by shareholders of a corporation (or limited liability company business judgment of the individuals charged with managing the company.” 2 Notwithstanding, “derivative actions that a shareholder demand with particularity that the board of directors (or majority owners) take action management of the corporation is entrusted to its board of directors, who have primary responsibility for acting business settings.”17 The rule does not, however, protect directors who “passively rubber-stamp[] the acts