too costly insurance, the unauthorized trading of life insurance policies, and annuity fraud), (c) acts D’Attanasio Plaintiff commenced the action in November 2021, alleging that his aunt, Maria Lotto (“Decedent In his verified complaint, Plaintiff asserted seven causes of action: the First, for a declaratory judgment Undue Influence “The elements of undue influence are motive, opportunity, and the actual exercise of fragile physical health, and inability to print the change of beneficiary form independently), and actual

the intent of causing the provisions of Operating Agreement, as written, to govern ”; however, “no actual demonstrated that “the contract claim also encompassed an oral agreement between plaintiff 3P-733, LLC (3P) — acting through its managing member, plaintiff Piyush Bhardwaj — and defendant CPG Invest, LLC (CPG Invest) — acting Finally, the Court held that “the relief sought under both causes of action — at least as pleaded in

1970, the New York Legislature enacted General Business Law § 349, which made unlawful any “ eceptive acts These consumer protection statutes were enacted to “strik down all forms of deceptive acts and practices materially misleading, and that (3) the plaintiff suffered injury as a result of the allegedly deceptive act charge conduct of the defendant that is consumer-oriented” or, stated differently, “demonstrate that the acts And, the plaintiff must prove the deceptive act caused the injury. Id. ; Oswego , 85 N.Y.2d at 26.

German American Capital Corp. , 2018 NY Slip Op. 02414 ( here ), holding that a “notwithstanding” clause German American Capital Corp. corporation that owns the Veneto Hotel & Casino in Panama City (the “Hotel”), and the Defendant, German American Motion Court Proceedings Plaintiffs commenced the action on June 1, 2015, asserting claims for: (1) Thus, held the Court, “Defendant acted within the authority and discretion provided to it under section

previously noted in our Blog: RPAPL 1304 requires that at least ninety days prior to commencing legal action list of approved housing agencies that provide free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  Bank of America, N.A. v. Wheatly , 158 A.D.3d 736 (2 nd Dep’t 2018) (citations omitted). Lender in Gordon commenced a mortgage foreclosure action in June of 2017. 

too costly insurance, the unauthorized trading of life insurance policies, and annuity fraud), (c) acts In today’s post, we examine an SEC enforcement action against a broker and financial adviser who financially The SEC charged Matthes with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940.

Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time the plaintiff discovered or could have discovered the fraud with reasonable diligence, whichever is greater. 1 The cause of action accrues when “every Plaintiff commenced the action seeking damages for, inter alia , fraud. — are also time-barred,” said the Court. 13 Takeaway Mizrahi highlights the need for litigants to act

excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action   ( See Bank of America v. Lucido (2 nd Dep’t July 11, 2018).)  In mortgage foreclosure actions, the preliminary step of moving for an order of reference is deemed to Citibank involved a mortgage foreclosure action commenced in March of 2009.  Supreme court’s order dismissing the mortgage foreclosure action was reversed and lender’s motion for

content of the defendant’s false representations, as well as the details of the defendant’s fraudulent acts , including when the acts occurred, who engaged in them, and what was obtained as a result. that CPLR § 3016(b) “should not be so strictly interpreted as to prevent an otherwise valid cause of action pleading stage, a complaint need only “allege the basic facts to establish the elements of the cause of action misrepresentation of material present fact, which is intended to deceive another party and induce that party to act

Breach of Contract To sustain a breach of contract cause of action, a plaintiff must allege: (1) a valid The Company commenced the action in November 2019. Even if it did not, Sandoval maintained that none of his alleged actions violated any provisions of the The reason, said the motion court, was the Company had not alleged that Sandoval acted negligently or that defendant was “a nonmanaging member of plaintiff, was not an employee and not alleged to have acted

Centro Empresarial Cempresa S.A. v América Móvil, S.A.B. de C.V. , 17 N.Y.3d 269, 276 (2011) (“Generally , a valid release constitutes a complete bar to an action on a claim which is the subject of the release and his affiliates alleging, among other things, claims for breach of fiduciary duty (the “Delaware Action The factual allegations that form the basis for the claim in the Delaware Action concerned, among other or failure to act under any of the Transaction Documents, (iii) the Amended Purchase Agreement and the

Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time, the plaintiff discovered or could have discovered the fraud with reasonable diligence, whichever is greater. 1 The cause of action accrues when “every Ambac was an action that Ambac Assurance Corporation (“Ambac” or “Plaintiff”) commenced in July 2015 defendant’s breach may be reasonably inferred.” 15 Takeaway Ambac highlights the need for litigants to act