Search Results
797 results found for "park doctrine"
- Fraudulent Inducement and The Independent Contractor Agreement
The court denied in part and granted in part the motion. [18] “Therefore,” concluded the court, “even if [plaintiff] were asserting this particular claim as part Leasing Sys., Inc., 10 N.Y.3d 486, 491 (2008) (citation omitted). [6] Id. at 491 (internal quotation marks
- Second Department Dismisses More Complaints Due to Lenders’ Failure to Comply with RPAPL 1304 Notice Requirements in Residential Mortgage Foreclosure Actions
Schiffman , 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted). an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part
- The Second Department Decided an Issue Under CPLR 3215(c) Addressed by it For the First Time
Department to be addressed by it for the first time: “whether the presentment to a court of a proposed ex parte of our prior Blogs: Rule 3215(c) of the New York Civil Practice Law and Rules provides, in pertinent part In November of 2009, due to borrower’s default in appearing, lender moved, ex parte , for an order of 2015, with the assistance of new counsel, lender moved for an order of reference, which motion was marked Lender moved to vacate the February Order, arguing that “the presentment of the proposed ex parte order
- Enforcement News: SEC Charges Investment Adviser and Others With Running a Ponzi-Like Scheme to Defraud Over 17,000 Retail Investors
As alleged, the fraudulent scheme continued for more than four years in part because GPB Capital kept investors in the dark about the true financial condition of the limited partnerships, failing to deliver
- New York Court of Appeals Makes a Significant Ruling on RPAPL 1304
(Citations and internal quotation marks omitted.)
- Employee-At-Will May Receive Commissions Earned During The Course Of Employment Says Fourth Department
Harrison , 57 A.D.3d 1406, 1408 (4th Dept. 2008) (internal quotation marks omitted)); see Hubbell v. CNY Fire Emergency Servs. , 225 AD2d 1034, 1035 (4th Dept. 1996) (internal quotation marks omitted)).
- New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law
receiving approximately $85,000 per year for costs such as travel, stipends, and technical support as part telephonic means to project themselves into New York to conduct business transactions” (internal quotation marks Moreover, as Judge Rivera noted, Pepper’s visit to New York was part of an attempt to address complaints Pak-Mor Mfg. Co. , 95 N.Y.2d 210, 216 (2000)). D & R Global , 29 N.Y.3d at 300 (cleaned up). Fischbarg , 9 N.Y.3d at 381 n.5 (internal quotation marks omitted) (quoting, Vincent C.
- VARIATIONS ON A THEME: SECOND DEPARTMENT DISMISSES COUNTERCLAIM FOR NEGLIGENT CONSTRUCTION AS DUPLICATIVE OF DEFENDANT’S BREACH OF CONTRACT COUNTERCLAIM
(Citations and internal quotation marks omitted.)
- The Appellate Division, Second Department Addresses Two Interesting and Recurring Issues In Residential Mortgage Foreclosure Actions
Patella , 279 A.D.2d 604, 605 (2 nd Dep’t 2001) (citations, internal quotation marks and brackets omitted authority to accelerate the debt or to sue to foreclose at that time (citations and internal quotation marks judgment for the plaintiff therein, no other action shall be commenced or maintained to recover any part (Citations and internal quotation marks omitted.)
- Sophisticated Parties, Precise Pleading, Fraud, and the Limits of NDAs in Transactions
Corp., 39 N.Y.3d 399 , 410 (2023) (internal quotation marks omitted)); see also Singh, 40 N.Y.3d
- First Department Affirms Dismissal of Fraud Claim Because The Plaintiff Had The Wherewithal to Protect Herself But Failed To Do So
Siegal , 85 A.D.3d 687, 688 (1st Dept. 2011) (citation and internal quotation marks omitted). DDJ Mgt. , 15 N.Y.3d at 155 (2010) (internal quotation marks omitted). Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted Id . at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v. The Court explained that Rubin, “ s the co-founder and co-chair of a museum specializing, in part, in
- Two Cases, Same Result: Second Department Sustains Borrowers’ Defenses of Failure to Comply With the Notice Requirements of RPAPL 1304 Due to Lenders’ Evidentiary Failures
Schiffman , 36 N.Y.3d 550, 555 (2021) (citation and internal quotation marks omitted).
