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878 results found for "creditors rights"
- Court Holds Party Fails to Make Prima Facie Entitlement to Liquidated Damages Despite Breach of Agreement
against all defendants: sex-based employment discrimination in violation of the New York City Human Rights
- Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too Indefinite To Enforce
Otherwise, a court, in intervening, would be imposing its own conception of what the parties should or might
- The Appellate Division, Second Department Addresses Two Interesting and Recurring Issues In Residential Mortgage Foreclosure Actions
“ nce a mortgage debt is accelerated, the borrowers’ right and obligation to make monthly installments
- New York Court of Appeals Reaffirms that Claims Under GBL 349 and 350 Must Have A Broader Impact On Consumers At Large
However, the Legislature subsequently amended both Section 349 and Section 350 to add a private right
- Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied
In light of defendant’s decision to terminate the contract, plaintiff commenced an action in which it
- Former Employees’ Parting Creates Sorrow (But Not The Sweet Kind) For Former Employer
exercises control over personal property belonging to someone else, interfering with that person’s right “plaintiff’s possessory right or interest in the property” and 2. “defendant’s dominion over the property or interference with it, in derogation of plaintiff’s rights. An employee that breaches this duty is deemed a “faithless servant” that “forfeits the right to any compensation
- Court finds Merchant Cash Advance Agreement Not to Be an Instrument for The Payment of Money Only
Wright Machine Corp. , 31 A.D.2d 136 (1st Dept. 1968). See CPLR § 3212(b); Jacobsen v.
- Are Mandatory Arbitration Clauses Bad Policy and Bad for Business? A Look At The Pros and Cons
terms and conditions differ depending upon each business, most mandatory arbitration clauses limit the rights Second, if arbitration is binding, both sides give up their right to an appeal. Limitation of Rights? In addition to losing the right to appeal any unfair judgments, mandatory arbitration clauses also limit other rights.
- Duplication, Sophistication and Disclaimers . . . Oh my!
lower than the $461 million forecast (and also lower than the Q3 reforecast of $446 million).”[22] “In light
- Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment Rule
out-of-pocket damages rule, plaintiffs may recover what they lost because of the fraud, not what they might from the transaction, noting that the plaintiff was not seeking the undeterminable future profits that might damages rule, damages should compensate the plaintiff “for what lost because of the fraud,” not “what might
- Letter Agreement Found Binding and Enforceable Notwithstanding Reference That It Was Subject to A More Formal Writing in The Future
Moreover, courts will not enforce an agreement containing an “express reservation by either party of the right parties to be fully executed within 30 days,’ there was no ‘express reservation by either party of the right
- U.S. District Court for The Eastern District of New York Issues a Preliminary Injunction Against One of Mitsubishi’s Former Dealers
burdened because the injunction would simply prevent Planet from engaging in conduct to which it has no right limited to the Location and, therefore, use of the IP at the Unauthorized Location was prohibited and might
