Emirates Islamic Bank concerned a motion for summary judgment in lieu of complaint brought by plaintiff As an initial matter, the court addressed plaintiff’s argument that the court misapprehended the law Under CPLR 3213, a plaintiff may seek summary judgment in lieu of a complaint “ hen action is based This Blog wrote about the timing issues associated with bringing a motion for summary judgment in lieu

Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law

group of individuals, who provide “original information” about a violation of the federal securities laws process awards to meritorious whistleblowers who come forward with helpful information intended to assist law

Under New York law, a sophisticated party must allege that it exercised due diligence and took affirmative Under New York law, a plaintiff must plead and prove both transaction causation and loss causation to Stonepath Grp., Inc. , 343 F.3d 189, 196-97 (2d Cir. 2003) (loss causation in common law fraud claims Faessel , 297 A.D.2d 28, 31 (1st Dept. 2002) (“ oss causation is the fundamental core of the common-law

alternative forms of declaratory relief, including a declaration that the leases terminated by operation of law requiring plaintiffs to pay rent without any offset or abatement precluded plaintiffs from raising common-law

admission agreement<,> was insufficient to establish that he, in fact, held such authority as a matter of law

year, this BLOG posted “ Revive A Time-Barred Claim Using § 17-101 of New York’s General Obligations Law again quoting Lew Morris , stated that “ s to a written acknowledgment, pursuant to General Obligations Law Section 17-101 of New York’s General Obligations Law permits the renewal of a Statute of Limitations of the debt that is required to restart the expired statute of limitations under General Obligations Law whether an expired statute of limitations will be renewed under Article 17 of the General Obligations Law

payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu submitted, the cause of action ... shall be established sufficiently to warrant the court as a matter of law not admit liability; plaintiffs would give defendants a general release of all claims raised in the lawsuit

Haber It is well-settled that the arbitration provisions of the Civil Practice Law and Rules (CPLR §

When used fraudulently, cherry picking violates the securities laws. prejudgment interest jointly and severally, and enjoined them from future violations of the securities laws that Sugranes and the two UCB entities violated the antifraud provisions of the federal securities laws

pursuant to DCL § 274; 3) fraudulent conveyance pursuant to DCL § 276; and 4) violations of New York Labor Law Debtor & Creditor Law Claims The Court held that plaintiff established entitlement to summary judgment Purusant to Debtor and Creditor Law § 273, “every conveyance made and every obligation incurred by a conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law Involuntary Dissolution Business Corporation Law § 1104-a permits involuntary dissolution of a corporation

significant contributions to the effectiveness of the Commission’s enforcement of the federal securities laws