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797 results found for "park doctrine"
- SECOND DEPARTMENT INVOKES ESTOPPEL TO PREVENT A MORTGAGE FORECLOSURE DEFENDANT FROM ARGUING THAT SHE WAS SERVED WITH PROCESS AT AN IMPROPER ADDRESS
(Citation and internal quotation marks omitted.)
- Puffery and the Misstatement That Wasn’t
Wildenstein , 16 N.Y.3d 173, 178 (2011) (internal quotation marks and citation omitted); Lama Holding salesman’s lavish claims” ( Thompson , 2018 WL 5113052, at *2), and in the second one, the statements were part Chang , 355 F.3d 164, 170 (2d Cir. 2004) (quotation marks omitted). Jan. 21, 2010) (quotation marks omitted).
- Another Judgment of Foreclosure and Sale Reversed Due to Lender’s Failure to Lay Bare Sufficient Proof of Compliance with RPAPL 1304
an affirmative defense, the foreclosing lender must demonstrate its compliance with the statute as part (Citations and internal quotation marks omitted.) Jonathan H.
- Contract Must Be Enforced According to Its Clear and Concise Terms Says Second Department
quoting Vermont Teddy Bear Co. v. 538 Madison Realty Co. , 1 N.Y.3d 470, 475 (2004) (internal quotation marks Financial Performance Corp. , 97 N.Y.2d 195, 199 (2001) (internal quotation marks and citation omitted
- Unconscionable Attorneys’ Fees Provisions
Medical Arts-Huntington Realty , 99 A.D.3d 988 (2 nd Dep’t 2012) (citations and internal quotation marks (Citation, internal quotation marks and brackets omitted.) that “ finding of unconscionability requires some showing of an absence of meaningful choice on the part (Internal quotation marks omitted.)
- Wills, Promises to Perform, Representations to Third Parties and Loss Causation
misrepresentation or omission is one of existing fact made to induce action or inaction on his or her part future intent rather than misrepresentations of existing fact made to induce action or inaction on her part (citation and internal quotation marks omitted).
- Enforcement News: Interactive Brokers LLC Agrees to Settle Charges It Failed To File Suspicious Activity Reports for U.S. Microcap Securities Trades
“This case marks the first time the CFTC has charged a violation of Regulation 42.2 and shows our commitment
- Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
The court granted in part and denied in part the motion, finding that the compliant stated a cause of (citations and internal quotation marks omitted); School of Visual Arts v. Sept 26, 2014) (granting in part motion to dismiss, finding the complaint “state a claim for conversion
- First Department Sustains Undue Influence and Unjust Enrichment Claims in Financial Exploitation Case
resulting damages”. 14 Footnotes Matter of Nofal , 35 A.D.3d 1132, 1134 (3d Dept. 2006) (internal quotation marks
- Another Faithless Servant Required to Forfeit Compensation
Last November, this Blog discussed the faithless servant doctrine under New York law. ( Here .) As explained, the courts have applied the doctrine to a wide variety of misconduct, including, but not Any act that can give rise to a claim for breach of fiduciary duty will trigger the doctrine. The penalty for violating the doctrine is harsh: the employee must forfeit all compensation earned since Takeaway The faithless servant doctrine is a potent weapon for employers faced with an employee who
- Dismissal of Complaint With Prejudice Due To Violation of BCL § 1312 Modified To Allow Unregistered Foreign Corporation To Register With The State
Corp. , No. 01 Civ. 4427, 2004 WL 2210254, at *3 (S.D.N.Y. 2004) (citation and internal quotation marks Carey , 269 A.D.2d 133, 134 (1st Dept. 2000), mod in part , 273 A.D.2d 20 (1st Dept. 2000); Uribe , 266
- SEC, NASAA, and FINRA Recognize One-Year Anniversary of The Senior Safe Act by Promoting Increased Reporting of Suspected Financial Exploitation of Seniors and Vulnerable Adults
Enacted as part of the Economic Growth, Regulatory Relief, and Consumer Protection Act, the Act is designed To mark the one-year anniversary of the Act, the Securities and Exchange Commission (“SEC”), the North Finally, FINRA President and CEO Robert Cook marked the anniversary of the Act and the issuance of the