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797 results found for "park doctrine"
- REVIVE A TIME-BARRED CLAIM USING § 17-101 OF NEW YORK’S GENERAL OBLIGATIONS LAW
One involves part payment of the debt and the other a signed acknowledgment. Erdheim v. written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part signed and recognize an existing debt and must contain nothing inconsistent with an intention on the part (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- Court Dismisses Breach of Fiduciary Duty Claim That Should Have Been Brought Derivatively
Program Risk Mgmt., Inc. , 147 A.D.3d 122, 132 (3d Dept. 2017) (citation and internal quotation marks Gilbert , 99 A.D.3d 108, 114 (1st Dept. 2012) (internal quotation marks and citations omitted); Maldonado Maldonado , 140 A.D.3d at 1504 (internal quotation marks and citation omitted). Defendants concealed material information about the Salon which Plaintiffs had expressly requested as part
- Contracts that Say What They Mean, Mean What They Say
Safe Factory Outlet, Inc. , 28 A.D.3d 175, 177 (1st Dept. 2006) (internal quotation marks and citation
- A Fraud That is Collateral to The Contract and Not Barred By The Merger Clause
Braddis Assoc. , 243 A.D.2d 107, 118 (1st Dept. 1998) (internal quotation marks omitted).
- THE APPELLATE DIVISION, SECOND DEPARTMENT, ADDRESSES BUYER’S SPECIFIC PERFORMANCE CLAIM UNDER A REAL ESTATE CONTRACT IN THE FACE OF SELLER’S INABILITY TO CONVEY GOOD TITLE
same (up to the Maximum Expense described below), but without any other credit or liability on the part (Internal quotation marks omitted, ellipses in original.)
- Court Dismisses Fraud Claim Due to Plaintiff’s Failure to Plead Loss Causation
Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted Id . at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v. Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (citation and internal quotation marks omitted). See also Danann Realty Corp. v. Ernst & Young , 206 F.3d 202, 209 (2d Cir.2000) (citation and internal quotation marks omitted).
- New York County Commercial Division Holds That Only Fraud Claims Collateral To Contract Claims Can Survive A Motion To Dismiss
XCOMIP, LLC , 156 A.D.3d 54, 63 (1 st Dep’t 2017) (citations, internal quotation marks and internal by the contract and not merely a misrepresented intent to perform” (citations, internal quotation marks contract is insufficient” and “a present intent to deceive must be alleged” (citations, internal quotation marks
- Mixed Purpose Insurance Reports Held Not Protected by Attorney-Client Privilege
Rickard , 164 A.D.3d at 1592 (internal quotation marks omitted). (internal quotation marks omitted). See also Spectrum , 78 N.Y.2d at 378 (citation omitted). The motion court denied the Travelers Defendants’ motion, denied in part Campany’s motion, and granted The Fourth Department’s Decision The Court modified the motion court’s order by denying that part of Rickard , 164 A.D.3d at 1592 (internal quotation marks omitted). John Mezzalingua Assocs.
- Service of Process and Personal Jurisdiction
(Citations, internal quotation marks and brackets omitted.) Bank of New York v.
- Court Declines to Determine Whether Due Diligence Could Have Uncovered an Alleged Fraud in Light of The Documents Provided to the Plaintiff
Holdings , 27 N.Y.3d 817, 827 (2016) (internal citations and quotation marks omitted). Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (citation and internal quotation marks omitted). See also Danann Realty Corp. v.
- Challenges To An Ongoing Arbitration Proceeding Are Premature
the claims were premature since the arbitration was ongoing; (b) FINRA was immune from suit under the doctrines Id . at 7 (internal quotation marks and citations omitted). Noting that the ripeness doctrine is rooted in Article III standing and the “fitness of the issues for Circuit had not yet decided the issue, the court found that FINRA enjoyed such immunity: The doctrine Takeaway The purposes underlying the ripeness doctrine underscore the correctness of the court’s decision
- 35 Second Excerpt From Jazz Album Found To Be Fair Use By Rapper
In 2013, rapper/singer/songwriter Drake released Pound Cake/Paris Morton Music 2 (“Pound Cake”) on his The Court found that Drake’s 35 second use of the Rap was permissible under the fair use doctrine, even Citation and internal quotation marks omitted. Citations and internal quotation marks omitted. important passages, are copied than when the copying is more extensive, or encompasses the most important parts