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1208 results found for "lien law"
- “Self-Styled ‘Long-Established and Well-Regarded’ Commodities Futures Commission Merchant” Loses Fraud Claim On Justifiable Reliance Grounds
The motion court dismissed the TAC on law of the case grounds. “The ‘law of the case’ doctrine is a rule of practice which provides that once an issue is judicially After concluding that the motion court correctly dismissed the action under the law of the case doctrine claims of plaintiffs who have been so lax in protecting themselves that they cannot fairly ask for the law
- Emails Following Mediation Sufficient to Confirm Settlement of Third-Party Contractual Indemnification Claim
his attorney.” 3 “In addition, since settlement agreements are subject to the principles of contract law
- Fraud and the Ice Cream Franchise
of duty of good faith and fair dealing; (2) breach of fiduciary duty; (3) breach of General Business Law
- Second Department Tolls Seven Years of Mortgage Interest Due to Lender’s “Unexplained Delay” in the Prosecution of its Foreclosure Action
In applying the facts of GMAC to the law and modifying supreme court’s order, the Court concluded:
- Personal Jurisdiction and the Vacatur of Defaults
Keane , 94 N.Y.2d at 265 (citations omitted). 1 The law is clear that a “court lacks personal jurisdiction
- RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
Applying the facts to the law, the Court stated: Here, there was more than a two-year delay between the
- To Seal, or Not to Seal? That is the Question
In New York, the issue is governed by Section 4 of the Judiciary Law and Section 216.1(a) of the Uniform Section 4 of the Judiciary law provides that judicial proceedings “shall be public, and every citizen the presumption in favor of public access to court proceedings, both as a matter of constitutional law
- Second Department Addresses the Presumption of Receipt of a Properly Mailed Letter in the Context of a RPAPL 1304 Notice
There is a “common law rule … that a letter properly stamped, addressed, and mailed is presumed to have regarding the presumption of mailing and stated: The plaintiff's reliance on the "long-standing common-law
- N.Y. Supreme Court Rules on Alleged Fraudulent Conveyance and the Attempt to Evade Creditors
To put Sarfati in context, we examine the current law in New York – i.e. , the Debtor and Creditor Law A Primer on Fraudulent Conveyance Claims Under Existing Law and the NYUVTA At present, the DCL governs The changes to the current law are many. Under current law, a creditor has six years to commence a constructive fraudulent conveyance action. Section 279: Choice of Law Whose law governs is often a hotly contested issue.
- FINRA Seeks SEC Approval of Amendments to Rule 2165 in the Fight Against the Exploitation of Seniors and Vulnerable Investors
provide member firms with additional time to resolve matters and for APS agencies, state regulators and law allowing additional time for member firms to resolve matters and for APS agencies, state regulators and law
- Fraud Claim Dismissed On Statute Of Limitations Grounds Because Plaintiff Could Not Avail Itself of the Discovery Rule
Haber Under New York law, an action based upon fraud must be commenced within six years of the date the party may be ignorant of the existence of the wrong or injury.” 3 While the foregoing statement of the law
- Two-Year Discovery Rule Does Not Save Fraud Claim From Dismissal
Haber Under New York law, an action based upon fraud must be commenced within six years of the date the of the alleged fraud as late as February 2021, when plaintiff retained an attorney, who threatened a lawsuit The failure to bring a lawsuit when the facts suggest fraud will result in dismissal. Thus, even though the discovery rule allows the victim of fraud to bring a lawsuit when the very nature