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797 results found for "park doctrine"
- Recognition of Foreign Country Judgments and Summary Judgment in Lieu of Complaint
default in appearance or by confession of judgment, (ii) that the judgment is unsatisfied in whole or in part Electron Power, Inc. , 37 N.Y.2d 151, 154 (1975) (citations and internal quotation marks omitted).
- Second Department Holds That Envelopes Containing Pre-Foreclosure Notices to Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices or Information
an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part (Citations, internal quotation marks and brackets omitted.)
- Court Rejects Plaintiff’s Attempt to Void Release Based on Fraud
In so doing, plaintiffs disregarded overt conduct on the part of defendants clearly evincing a breakdown (record citations omitted). [19] Id. , quoting Centro , 17 N.Y.3d at 277 (internal quotation marks omitted
- COVID-19 Update: New York Courts Preparing for A Surge in COVID Cases
Chief Judge DiFiore noted that on October 20, 2020, Chief Administrative Judge Larry Marks issued an
- Fraud Notes: Hints of Falsity and Failure to Plead Damages
Coleman , 305 A.D.2d 151, 152 (1st Dept. 2003) (internal quotation marks omitted). Nagy , 175 A.D.3d 107, 131 (1st Dept 2019) (internal quotation marks omitted)). Finnerty , 68 A.D.3d 638, 639 (1st Dept. 2009) (internal quotation marks and citation omitted).
- Second Department Reaffirms That E-mails Between Counsel Can Be Sufficient to Satisfy The Writing And signature Requirement For Stipulations Pursuant To CPLR 2104
CPLR 2104 provides, in relevant part that: An agreement between parties or their attorneys relating Forcelli , 109 A.D.3d at 247-48 (citations and internal quotation marks omitted). Forcelli , 109 A.D.3d at 248 (citations and internal quotation marks omitted). Forcelli , 109 A.D.3d at 248 (citations and internal quotation marks omitted).
- The New York Court Of Appeals Confirms The Constitutionality Of The Cplr’s Security For Costs Provisions
(Citations, internal quotation marks and brackets omitted. (Citations, internal quotation marks and brackets omitted.) (Citations, internal quotation marks and brackets omitted.) (Citations, internal quotation marks and brackets omitted.) (Citations and internal quotation marks omitted.)
- Lender Denied Summary Judgment Because It Failed To Demonstrate That The Five Housing Agencies Identified In Its RPAPL 1304 Notice Served The County In Which The Subject Property Was Located
an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part (Emphasis in original; citations, internal quotation marks and internal brackets omitted.)
- Enforcement News: SEC Whistleblower Program Makes Four Awards To End Record-Setting Fiscal Year
“Today marks the end of a record-setting year for the whistleblower program. And today, the four individuals awarded each provided the tip that sparked the opening of the case.”
- Fraudulent Conveyances Under The Former DCL
(internal quotation marks and citations omitted). Id. MFS/Sun Life Trust v. same case, a concurrence of several badges will always make out a strong case”) (internal quotation marks
- Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”
The Rules Concerning Standing Standing is a threshold determination, resting in part on policy considerations Power Auth. of State of N.Y. , 82 A.D.3d 1597, 1599 (4th Dept. 2011), lv. dismissed in part & denied in part , 17 N.Y.3d 838 (2011); Matter of Brewster v. Amnesty Int’l USA , 568 U.S. 398, 409-10 (2013) (internal quotation marks, alterations, and emphasis
- Answering Certified Questions From the Second Circuit, NY Court Of Appeals Holds That A Judgment Debtor’s Sole Remedies Against A Judgment Creditor Whose Collection Efforts Violate Article 52 of th...
(Some citations, internal quotation marks, brackets and a footnote omitted.)
