including, but not limited to, any and all claims alleging violations of federal or state securities laws , common-law fraud or deceit, breach of fiduciary duty, negligence or otherwise) … against the Buyer Silver Point brought suit, asserting causes of action for (i) common law fraud , (ii) fraudulent inducement Under New York law, when sophisticated investors negotiate against a fiduciary and understand that a

By:  Jeffrey Haber Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “ Law Firm of Dayrel Sewell, PLLC , 182 A.D.3d 418, 418 (1st Dept. 2020). Lawati v.

The law reporters (not to mention the pages of this Blog) are bursting with cases in which the courts ” explained the Court, “plaintiff’s reliance on Fischer’s statement was unreasonable as a matter of law

July 8, 2022) ( here ), another case in the line of cases rejecting a tenant’s defenses for unpaid rent to the casualty clause of the lease”. 2 The Court found that “plaintiff established as a matter of law The Court reasoned that the “ he doctrine of frustration of purpose does not apply as a matter of law

Eight months later, however, defendant’s counsel was suspended from the practice of law.  failed to notify the parties or the Supreme Court of her attorney’s suspension from the practice of law

contractual provision is “an enforceable liquidation of damages or an unenforceable penalty is a question of law enforcement of contracts according to the terms adopted by the parties to be a pillar of the common law

The motion court held that the statements identified by plaintiff were not actionable as a matter of law concerning a company’s business potential, held the motion court, were inactionable as a matter of law The Supreme Court used the statement, “We believe our conduct is lawful,” as an example. recipient was not informed otherwise, that the speaker had so concluded after investigating the governing law If the speaker had not investigated the governing law, and had omitted the context, the statement of

background, and as set forth in one of our prior Blogs, Rule 3215(c) of the New York Civil Practice Law

Yapkowitz , 199 A.D.3d 126 (2 nd Dep’t 2021), the Court, after surveying and analyzing case law on RPAPL

private person will resolve any legal disputes between them, instead of a judge or jury in a court of law the parties with respect to this Agreement (a ‘Dispute’), to the maximum extent allowed by applicable law arbitrating claims for equitable relief, but, instead, permits the parties to bring such claims in a court of law consistent with the parties' intentions as set forth in their broad agreement to arbitrate, or with the case law provides the parties with the right to obtain an injunction or other equitable relief in a court of law

employees and retirees, sufficed to satisfy the consumer-oriented element of a claim under General Business Law A Primer on General Business Law §§ 349 and 350 In 1970, the New York Legislature enacted General Business Law § 349, which made unlawful any “ eceptive acts or practices in the conduct of any business, trade Initially, only the Attorney General could sue to enforce these laws. In fact, “ lthough General Business Law § 349 claims have been aptly characterized as similar to fraud

And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings Normally, “ nder New York Law, the New Jersey judgment would be admissible in the New York proceedings judgments are not entitled to full faith and credit because “no State is bound to enforce the penal laws Under the plain language of the judgment as dictated by New Jersey law, however, such recognition is The law is also clear that review by the forum state of a judgment issued by the court of a sister state