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878 results found for "creditors rights"
- Pursuant to RPL 282(1), Attorney’s Fees Are Available to Borrowers In Mortgage Foreclosure Actions If They Know How to Ask For Them
the motion court properly denied the borrower’s request for attorney’s fees and stated: Although, in light
- Court Denies Petition to Stay Arbitration of Claims Between Shareholders of a Closely Held Corporation
Respondents suggested, stood for the proposition that a corporate representative could vindicate the rights
- Prior “Minimal” Contact Between an Arbitrator and Counsel Held Insufficient to Vacate Arbitral Award
Court found that the contact was “minimal” and insufficient to evidence any prejudice to the parties’ rights ‘clear and convincing evidence that any impropriety or misconduct of the arbitrator prejudiced its rights
- Enforcement News: SEC Amends Whistleblower Program to Incentivize Whistleblowing
actions brought by other entities, including designated federal agencies, in cases where those awards might
- Extensions of Time to Serve Process Under CPLR 306-b Revisited
justice” standard is broader than that of “good cause” and is meant to “‘accommodate late service that might In August of 2014, eight months after the order dismissing the action, Landau transferred his interest
- Court Grants Summary Judgment Dismissing Fraudulent Inducement Claim By An At-Will Employee
collective bargaining agreement) governing when the employer can fire the employee, the employer has the right
- Failure to Plead Statements of Present Fact, Among Other Deficiencies, Results in Dismissal of Fraud and Breach of Fiduciary Duty Claims
Fortress Credit Advisors LLC , 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. Fortress Credit Advisors LLC Background SHIR Capital arose from an aborted joint venture to purchase To that end, SHIR Capital was introduced to defendant, Fortress Credit Advisors LLC (“Fortress”), by The speed with which it exercised that right, without more, does not evince “a present intent to deceive
- The Actionability of Corporate Puffery and Statements of Opinion
They are statements that lack the sort of definite positive projections that might require later correction Plaintiffs maintained that this representation was materially misleading in light of the quality problems “In light of this,” concluded the Court, “the disclosures were not misleading for not identifying a single
- Second Department Dismisses Action for Specific Performance Due to Indefiniteness of Property Description
The Madison Trust Court rejected the plaintiff’s partial performance argument because “ n light of all
- Enforcement News: Cherry-Picking Scheme Back In The News
negligently included statements about its practices and procedures that were false or misleading in light
- Fraud Notes: N.Y. Supreme Courts Address Fraud and Fraudulent Inducement Claims
incurred by fraud should compensate the plaintiff “for what lost because of the fraud,” not “what might The Court found “Plaintiff’s contention unpersuasive in light of Connaughton .…” Id. potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might rule are intended to compensate plaintiffs for what they lost because of the fraud, not for what they might reinforces the out-of-pocket damages rule, making it clear that a plaintiff cannot recover what he/she might
- Enforceability of Notes, Emails and Oral Agreements
into an agreement with defendants Iskander and Bishay, his clients, whereby Stark was promised the right