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878 results found for "creditors rights"
- MADONNA DOES NOT WANT HER ADVERSARY TO “STRIKE A POSE” BEFORE A CAMERA SO THAT A COURT ORDERED ATTORNEY’S FEES HEARING CAN PROCEED VIRTUALLY
Ciccone is the tortured tale of Madonna’s year’s long fight with her co-op board. And, of course, in light of the COVID-19 pandemic (and the havoc it has wreaked worldwide), the New York
- Appellate Division, Second Department, Enforces Waiver Of Declaratory Relief In Commercial Lease Resulting In The Denial Of Tenent's Yellowstone Injunction
whether written leases negotiated at arm’s length by commercial tenants may include a waiver of the right commercial leases executed by the parties contained provisions that reads as follows: waives its right contracts” and that “our jurisprudence provides citizens with the freedom and opportunity to abandon rights The Court also stated that while “ aivers of rights should not lightly be presumed,” the “parties were that negotiated at arm’s length and entered into lengthy and detailed leases defining each party’s rights
- First Department Finds Half-Truths, Concealment and Justifiable Reliance in Affirming Alleged Fraud-Based Claims in a Mortgage Foreclosure Action
BFSB wrongfully prevented Flintlock from verifying whether anything in the loan documents affected its rights misleading, whether they were justified in relying on the warranties was a question of fact); Phoenix Light Credit Suisse AG , 144 A.D.3d 537, 538 (1st Dept. 2016) (holding that the plaintiff could reasonably
- Piercing The Corporate Veil: Who May Be At Risk?
The reason you remain at risk, he explains, is because creditors, among others, can pierce the corporate (1) purchased approximately 3.1% of T-Ink’s common stock; (2) loaned $22 million to T-Ink with the right The Option Agreement provided EB Ink with the right to purchase 20% of T-Ink’s common stock on a fully In October 2013, one of the Individual Defendants requested that EB Ink exercise its amended option rights The parties then attempted to negotiate another proposed amendment to EB Ink’s option rights, but no
- SEC Seeks to Amend Whistleblower Rules To Further Incentivize Whistleblowers To Report Violations of Law
The first proposed amendment would allow the Commission to make an award for a related action that might
- Court Dismisses Fraud Counterclaim as Being Duplicative of Contract Claim
Conversion To allege a claim for conversion, the plaintiff must show the legal right to an identifiable
- Enforcement News: SEC Cracks Down on Misuse of Investor Funds in Investment Pools
By aggregating capital, investors can access a broader range of opportunities than they might individually Defendant used these funds for speculative trading and personal expenses, including credit card debt
- When Fraud Is Not Redundant: The Intersection of Merger Clauses and Duplicative Claims Doctrine
reaffirmed that fraud claims may proceed in the alternative, even where overlapping damages are alleged, in light Dynamic Credit Partners, LLC, 210 A.D.3d 605, 607 (1st Dept. 2022); Shear Enters., LLC v.
- Fraudulent Inducement Is Not a Do-Over: Emails, Merger Clauses, and Justifiable Reliance
’s merger clause expressly barred any prior agreements. [18] “Absent any evidence of fraud, and in light Servs., Inc. , 29 A.D.3d 877, 878-79 (2d Dept. 2006). [10] Credit Alliance Corp. v.
- Defendants Fail to Demonstrate That Indiana Mortgage Loan Servicer Regularly and Continuously Conducts Business in New York
Grand Great Neck, LLC , 219 AD3d 1482, 1485 (2d Dept. 2023); National Lighting Co. v. failure of the plaintiff to register with the State may be cured prior to the resolution of the action); Credit
- After Leave to Replead, Plaintiffs Plead Fraud With Particularity Sufficient to Withstand A Motion to Dismiss
of an alleged fraudulent scheme to induce plaintiffs to invest over $63 million in Platinum Partners Credit The Court found that the disclaimers were “untrue” and, in any event, were “questionable in light of “At a minimum,” said the Court, “issues of fact exist to defeat the motion to dismiss in light of Sterling pleading requirements of CPLR § 3016(b) may be met when the material facts alleged in the complaint, in light
- Fraud Notes: Romantic Relationships and Business Relationships. What Could Go Wrong?
pleading requirements of CPLR § 3016(b) may be met when the material facts alleged in the complaint, in light held that plaintiff merely alleged a friendship with defendant, not any “‘special circumstances that might

