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- The First Department Reiterates That Summary Judgment Motions Cannot Be Made Before Issue Is Joined
civil cases by eliminating from the Trial Calendar claims which can properly be resolved as a matter of law A second circumstance is when a dispute involves no questions of fact, but only issues of law argued In SHG , in lieu of interposing an answer to the complaint, defendants, borrower and guarantor, moved
- TO ADDRESS CORONAVIRUS CONCERNS, GOVERNOR CUOMO RELAXES NOTARY PUBLIC RULES TO PERMIT THE TAKING OF ACKNOWLEDGMENTS BY VIDEO
Similarly, the Notary Public License Law New=">New" York="York" Secretary="Secretary" of="of" State=" New York Executive Law § 135-a (2) . March 19, 2020, Governor Andrew Cuomo issued an Executive Order temporarily relaxing the notary public laws provisions of Executive Order 202.7 provide: Any notarial act that is required under New York State law
- CONTRACT INTERPRETATION IN THE TIME OF COVID
of the and/or the ability to operate its business thereon or therefrom by action or decree of any lawful
- It’s (Former) DCL Day In The Second Department (DCL §§ 273, 275 and 276 To Be Exact)
Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), the State’s almost century-old fraudulent conveyance law. “An individual is ‘insolvent’ within the meaning of the Debtor and Creditor Law when ‘the present fair Under New York law, “the burden of proving insolvency is on the party challenging the conveyance.” of action state cognizable claims alleging a fraudulent conveyance pursuant to Debtor and Creditor Law
- NO NOTICE + NO APPEARANCE = NO DEFAULT: NOTICE MAY BE NECESSARY BEFORE A DEFAULT CAN BE ENTERED FOR MISSING A COURT APPEARANCE
circumstances, the Second Department held that “vacatur of the default was required as a matter of law The Second Department Ordered that the “order is reversed, on the law, with costs, and the plaintiff
- Enforcement News: The Intersection of Affinity Fraud and a Ponzi Scheme
Because of the tight-knit structure of the group, it can be difficult for regulators or law enforcement
- Employee-At-Will May Receive Commissions Earned During The Course Of Employment Says Fourth Department
In New York, the Statute of Frauds is found in General Obligations Law § 5-701 through 5-705. applies to “those contracts only which by their very terms have absolutely no possibility in fact and law or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agreement between plaintiff and defendant, such an oral agreement was void pursuant to General Obligations Law one year and, therefore, does not come within the Statute of Frauds . . . <,> General Obligations Law
- All Things Arbitration – CPLR §§ 7503(b), 7510 and 7511
In fact, arbitration is the policy under the Federal Arbitration Act (“FAA”) and the Civil Practice Law Johnson’s counsel begins by correctly noting that the law provides that an attorney discharged for “cause Counsel then points to the Arbitrator’s statement that he had not found any case law supporting the claim policy ground for vacating the arbitration award did not present an “explicit conflict” with settled law The AGP Agreement contained a jurisdiction and governing law provision, pursuant to which “ ny disputes
- Not Another Article on RPAPL 1304
of the purported mailings nor does the affiant attest to knowledge of the mailing practices of the Law Here, the RPAPL notices were allegedly sent on August 7, 2014, by the Law Offices of McCabe, Weisberg
- Who Decides “Gateway” Issues of Arbitrability? The Second Department Weighs In
This well-recognized principle of law was at issue in Revis v. Schwartz , 2020 N.Y. Federal Law Under the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) New York State Law The Civil Practice Law and Rules (“CPLR”) provides that “ written agreement to submit 2007, Revis and defendant Neil Schwartz, a partner in defendant Schwartz & Feinsod, LLC (“S & F”), a law arbitration agreement between Revis and Schwartz mean that Shavae, LLC, Jonathan Feinsod, and the law
- Enforcement News: SEC Obtains TRO and Asset Freeze Against Cryptomining and Trading Company
The SEC seeks injunctions against future securities law violations, disgorgement, civil penalties, and
- First Department Holds that Term Sheet is Not a Binding Contract
Supreme court generally discussed the law regarding breach of contract and stated: The elements of a
