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797 results found for "park doctrine"
- The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
Dieudonne , 171 A.D.3d 34, 37 (2 nd Dep’t 2019) (citations and internal quotation marks omitted). BONY Mellon , 171 A.D.3d at 37 (citations and internal quotation marks omitted). As part of the stipulation, the action was discontinued, without prejudice, and the Notice of Pendency (Citations, internal quotation marks and brackets omitted.) (Citations and internal quotation marks omitted.)
- Court Denies Motion to Dismiss Defamation Claim, Explaining the Difference Between an Expression of Fact and Opinion
Boeheim , 24 NY3d 262, 269 (2014) (internal quotation marks omitted). (alterations and internal quotation marks omitted). (quoting Greenberg , 155 A.D.3d at 47 (internal quotation marks omitted). Levy highlights the exposure one has when “name calling” becomes part of the review.
- NEW YORK COURT OF APPEALS REAFFIRMS THAT LEASE LANGUAGE DETERMINES OUT OF POSSESSION LANDLORD’S LIABILITY TO THIRD PARTIES
Stout , 38 N.Y.2d 607 (1976)) (internal quotation marks and brackets omitted). Putnam, 38 N.Y.2d at 613 (internal quotation marks and brackets omitted). (Citations, quotation marks and brackets omitted.) failed to do so, the lease specified that it was not to be construed "as making it obligatory upon the part Rather, the lease provided that "shall not be required to maintain, repair or replace any part of the
- The Ramifications of Failing to Timely Serve Papers can be Severe
(Some citations, internal quotation marks and brackets omitted.)
- Arbitration: There are Exceptions to Every Rule
(quoting Zachariou , 68 A.D.3d at 540 (internal quotation marks omitted)).
- The Appellate Division, Second Department Rules on The Use of Publication as an Alternative Method of Service of Process On An Individual
Twersky , 153 A.D.3d 1230 (2 nd Dep’t 2017) (citations and internal quotation marks omitted). Murphy , 127 A.D.3d 1167, 1174 (2 nd Dep’t 2015) (citations and internal quotation marks omitted). The court then granted plaintiff’s ex parte application for an alternative method of service pursuant (Citations and internal quotation marks omitted.)
- Court Holds The McCoys Were On Inquiry Notice of Defendants’ Alleged Fraud
Siegal , 85 A.D.3d 687, 688 (1st Dept. 2011) (citation and internal quotation marks omitted). Hosp. , 66 N.Y.2d 473, 476 (1985) (citation omitted; internal quotation marks omitted).
- First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
Equities , 4 A.D.3d 495, 498 (2d Dept. 2004), lv. denied , 3 N.Y.3d 612 (2004) (internal quotation marks
- It’s (Former) DCL Day In The Second Department (DCL §§ 273, 275 and 276 To Be Exact)
According to the complaint, as part of the deal, Jaco Electronics received an investment of more than Wall Street Assocs. , 257 A.D.2d 526, 529 (internal quotation marks and citations omitted). same case, a concurrence of several badges will always make out a strong case”) (internal quotation marks
- The Appellate Division, First Department, Holds that a Commercial Landlord is Entitled to Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213 With Respect to a Lease Guaranty
Electron Power, Inc ., 37 N.Y.2d 151, 154 (1975) (citations and internal quotation marks omitted). Weissman , 88 N.Y.2d at 443 – 44 (citations, internal quotation marks and footnote omitted). for the payment of money only’ may appear to be a vexing problem (4 Weinstein-Korn-Miller, NYCivPrac, par the CPLR informative, since CPLR 3213 had no earlier counterpart (4 Weinstein-Korn-Miller, NYCivPrac, par did not discharge defendant’s obligations under the guaranty as it merely constituted leniency on the part
- Is The Two-Part Test Created In Escobar The Exclusive Means For Establishing Implied Certification Liability?
Supreme Court decided Escobar , the district courts have been split on whether satisfaction of the two-part implied certification theory may be found, under certain circumstances, without satisfying the first part The courts that have found the two-part test to be the exclusive means of establishing implied certification The courts that have found that the two-part test is not the exclusive means of establishing implied The DOJ, for its part, has argued that the two-part test is not the exclusive means of establishing implied
- Dismissals Under 3215(c)
(citations and some internal quotation marks omitted). took the preliminary step toward obtaining a default judgment of foreclosure and sale by moving, ex parte The Gross plaintiff filed an RJI and moved for an ex parte order of reference within one year of defendants within one year of the defendants' default by filing the request for judicial intervention seeking an ex parte