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878 results found for "creditors rights"
- Doctrines of Frustration of Purpose and Impossibility Apply Only When the Agreement’s Purpose is Completely Defeated, Not Partially Defeated
Plaintiff alleged that in light of the COVID-19 restrictions on in-person gatherings, defendant attempted Credit Union v. Popovic , 217A.D.3d 480, 481 (1st Dept. 2023). ⁸ See Kay v. Events , 2021 N.Y. Credit Union v. Popovic , 217 A.D.3d 480, 481 (1st Dept. 2023).
- Court Holds That an At-Will Employee Can Be a Faithless Servant
employee who violates his/her fiduciary duty of loyalty is deemed a “faithless servant” and forfeits the right
- Court Finds Common Law Indemnification Unavailable Because Movant Was an Alleged Wrongdoer
partners llc> and Engineer” and an assignment clause that permitted 650 Partners LLC to assign its rights
- Enforcement News: SEC Whistleblower Program Makes Four Awards To End Record-Setting Fiscal Year
include company outsiders who provided independent analysis, international whistleblowers who shone a light
- Enforcement News: SEC Charges Investment Advisory Firm with Making Material Misstatements and Omissions in Connection with Its Automated Tax Loss Harvesting Service
As one might expect, taxpayers often look for any opportunity to minimize their tax obligation.
- The Distinction Between A Direct and Derivative Claim Proves to Be Elusive for Part Owner of Asset Management and Advisory Services Company
The pertinent inquiry is whether the thrust of the plaintiff’s action is to vindicate his personal rights Here, the allegations supporting Khan’s fraud claim confuse Khan’s direct and derivative rights; therefore
- New Study: VA Whistleblowers More Likely to Receive Disciplinary Action
A Step in the Right Direction?
- WEARING TOO MANY HATS CAUSES REAL ESTATE BROKER TO LOSE A SIGNIFICANT COMMISSION
as a dual agent on behalf of the buyer and the seller in the transaction “warrants forfeiture of the right A real estate broker forfeits the right to a commission regardless of the damages incurred if the fiduciary plaintiffs acted in a dual agency capacity without notice to Sentry, this time, plaintiffs’ forfeited their right
- Fraud in the Execution
signed, or the consequences of signing it, and was nonetheless misled into executing it. 2 As one might
- SHAREHOLDER WHO SELLS STOCK IN CORPORATION LOSES STANDING TO SUE DERIVATIVELY
Where the plaintiff voluntarily disposes of the stock, his rights as a shareholder cease, and his interest to maintain any derivative causes of action on behalf of the company, notwithstanding his possible right “Here, the plaintiff’s right to an accounting was based on his ability to prove that Cartalemi breached Therefore, a plaintiff who voluntarily disposes of his/her stock cannot defend the corporation’s rights
- Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of Complaint
Wright Machine Corp. , 31 A.D.2d 136 (1st Dept. 1968). See CPLR § 3212(b); Jacobsen v.
- Arbitration and the “Direct Benefits Theory of Estoppel”
money in DRI through a preferred stock offering, pursuant to which the “Dernick Group” was given the right
