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797 results found for "park doctrine"
- Fraud Claim Dismissed on Statute of Limitations Due To Inquiry Notice
(citation and internal quotation marks omitted). See Shalik v.
- The Importance of Following Termination Provisions of Construction Contracts
Fownes , 74 A.D.3d 563 (1 st Dep’t 2010) (citations and quotation marks omitted). Kings Co. 2010) (citations and internal quotation marks omitted).
- THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020 (EFFECTIVE DECEMBER 28, 2020) PROVIDES SIGNIFICANT PROTECTIONS TO, AMONG OTHERS, RESIDENTIAL MORTGAGORS SUFFERING FINANCIAL HA...
See the Act at Part “B” Subpart “A” § 1. See the Act at Part “B” Subpart “A” § 3. See the Act at Part “B” Subpart “A” § 3. See the Act at Part “B” Subpart “A” § 3. See the Act at Part “B” Subpart “A” § 8.
- Enforcement News: Facebook’s Tough Week – Over $5 Billion Paid to Settle Claims Brought by The SEC and FTC
which is designed to remove control over user privacy by Facebook’s Chief Executive Officer (“CEO”), Mark Importantly, Mark Zuckerberg and designated compliance officers must independently submit to the FTC The company issued a statement in a Facebook blog post ( here ), explaining that the settlement “will mark Mark Zuckerberg also issued a statement about the settlement ( here ), stating “We have a responsibility
- Absence of the “Who”, “What”, “When” and “How” of An Alleged Fraud Warrants Dismissal of the Claim
(internal quotation marks and citation omitted). Id. at 492. Id.
- Revive a Time-Barred Claim in a Mortgage Foreclosure Action Using § 17-105(1) of New York’s General Obligation Law
signed and recognize an existing debt and must contain nothing inconsistent with an intention on the part of a debt, must recognize an existing debt and contain nothing inconsistent with an intention on the part (Citations, internal quotation marks and internal brackets omitted.) Jonathan H.
- Equitable Claim Found To Be Arbitrable Under Agreement To Arbitrate
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted); Stark v. Stark , 9 N.Y.3d at 66 (internal quotation marks and citation omitted). In pertinent part, each operating agreement provided: “Any claim, controversy or dispute arising between
- To Seal, or Not to Seal? That is the Question
a court shall not enter an order in any action … sealing the court records, whether in whole or in part Notably, “ erely because some of the documents marked ‘confidential’ or ‘private’ ‘is not controlling
- FISH TALES AND MECHANIC’S LIENS – WILLFUL EXAGERATION UNDER SECTIONS 39 AND 39-a OF NEW YORK’S LIEN LAW
Section 3 of New York’s Lien Law provides, in pertinent part: A contractor, subcontractor, laborer, Del-Sa-Co Foods, Inc. , 15 N.Y.2d 191 (1965) (citations and internal quotation marks omitted). (Citations, internal quotation marks and brackets omitted.)
- Fraud Claim Dismissed On Statute Of Limitations Grounds Because Plaintiff Could Not Avail Itself of the Discovery Rule
(citation and internal quotation marks omitted). See Shalik v. plaintiff that he or she may have been defrauded, so as to trigger a duty to inquire on his or her part
- Statute of Limitations, Justifiable Reliance, and Loss Causation: Court Denies Summary Dismissal of Fraud Action Due to Material Issues Fact
Siegal , 85 A.D.3d 687, 688 (1st Dept. 2011) (citation and internal quotation marks omitted). Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks and citation omitted). Ernst & Young , 206 F.3d 202, 209 (2d Cir. 2000) (citation and internal quotation marks omitted). DDJ Mgt. , 15 N.Y.3d at 155 (2010) (internal quotation marks omitted).
- CONDITIONAL ORDERS OF DISMISSAL PURSUANT TO CPLR 3216
dismissal for “want of prosecution” may be obtained pursuant to CPLR 3216 , which provides, in pertinent part (Citations and some internal quotation marks omitted; emphasis in original.)