They can also hide their true identities by acting anonymously or even impersonating credible sources The announcement of the SEC enforcement action can be found here .  SEC v. Defendant is an active day trader in over-the-counter securities. The SEC alleged that this action did not deter defendant. Acting HSI Special Agent-in-Charge Ricky J.

This Blog has addressed numerous issues relating to mortgage foreclosure actions. the holder of the underlying note and mortgage and, thus, has standing to prosecute the foreclosure action as such a determination related directly to plaintiff’s standing to prosecute a mortgage foreclosure action An action was commenced to foreclose the Mortgage and, in its answer, defendant raised the issue of lack that it “was in physical possession of the note endorsed in blank prior to commencement of the action

Like the current bill, the previous version of the Safe Act received broad bipartisan support during Congressman Bruce Poliquin (R-ME) and Congresswoman Kyrsten Sinema (D-AZ) reintroduced the Senior Safe Act The Senior Safe Act encourages individuals and financial institutions to report suspected instances of financial fraud and abuse of elder Americans. Earlier this year, Senators Susan Collins and Claire McCaskill introduced the Senior $afe Act in the

If the entity’s activity is essential to its business, it will be deemed to be doing business within If the activity is merely incidental to the business, it will not. Highfill , 50 A.D.3d at 744. Radiance Capital argued that its business activities in New York were limited to the underlying action and regular as to manifest continuity of activity in the jurisdiction.” As a result, the entity’s action is subject to dismissal.

Purchaser commenced an action for specific performance.  The Court found that “ ecause the defendant acted within its rights pursuant to section 13.02 of the prove the existence of a situation beyond the parties’ control, coupled with proof that the defendant acted

the speech was not accompanied by a policy memorandum, there was skepticism within the False Claims Act When a qui tam action is commenced, the complaint is filed under seal, to provide the Department of Nevertheless, in order to fulfill its “gatekeeper role in protecting the False Claims Act,” and “to advance Ct. 1989 (2016), but which could cost significant resources to defend in a qui tam action. should be given the opportunity to use the factors to further develop their claims before the government acts

Lee , a mortgage foreclosure action that was dismissed, as abandoned, pursuant to CPLR 3215(c) due to   ( See Bank of America v. Lucido (2 nd Dep’t July 11, 2018).)  In mortgage foreclosure actions, the preliminary step of moving for an order of reference is deemed to Lender in Bank of New York commenced a mortgage foreclosure action in October of 2013 and a few days Borrower failed to answer the amended complaint or otherwise appear in the action. 

continuing wrongs,” the statute of limitations will be tolled to the last date on which a wrongful act The application of the continuing wrong doctrine must “be predicated on continuing unlawful acts and Thus, the doctrine is inapplicable where there is one tortious act and “continuing consequential damages Rather, said the Court, “the Newmans were subject to continuing effects of HSBC’s wrongful act in 2006 The cases, such as Newman , make clear that the distinction is between a single wrongful act that has

Mere suspicion will not suffice as a substitute for knowledge of the fraudulent act. Erbe v. American Movil, S.A.B de C.V. , 17 N.Y.2d 269, 268 (2011). CPLR § 302(a)(1) is a “single act statute,” whereby “proof of one transaction in New York is sufficient “Purposeful activities are those with which a defendant, through volitional acts, ‘avails itself of the According to the complaint, in connection with the transaction, plaintiffs and Lebedev agreed to act

Last week, this Blog wrote about the ramifications of failing to meet a deadline or otherwise act in Takeaway As noted in our article about the ramifications of failing to meet a deadline or otherwise act

The statute in question is the Prompt Payment Act (the “PPA”), Article 35-E of the General Business Law PPA are unsuccessful, the aggrieved party may refer the matter to expedited arbitration before the American Arbitration plainly allege that the nature of the dispute a ‘ iolation of New York Prompt Payment Act Consequently, the AAA could not arbitrate whether N&G had a cause of action for breach of contract.

Prosecuting a mortgage foreclosure action in New York can be an arduous and time-consuming process.  recently (November 27, 2017), promulgated “ Rules for Expedited Proceedings in Certain Foreclosure Actions The action is commenced by the filing of the Summons and Complaint.  In certain residential foreclosure actions, and under certain circumstances, at or about the time the In many instances, however, defendants in residential foreclosure actions default in appearing and/or