SEC charged EIA and Middlebrooks with violating the antifraud provisions of the federal securities laws By contrast, the federal securities laws dictate how mutual funds can advertise their performance by

conjunction with the instant Blog, section 881 of New York’s Real Property Actions and Proceedings Law commence a special proceeding for a license so to enter pursuant to article four of the civil practice law

A Quick Primer on The Law Generally speaking, indemnity and contribution sort out the degree of culpability committed no wrong, but by virtue of some relationship with the tort-feasor or obligation imposed by law The principle of equitable indemnification, also known as common law indemnification, allows a non-culpable Ct., Suffolk County Sept. 7, 2017). “ he key element of a common-law cause of action for indemnification Under Article 14 of the Civil Practice Law and Rules, “ he ‘critical requirement’ for apportionment by

arbitrate a certain matter (including arbitrability), courts generally . . . should apply ordinary state-law when the parties specifically provide as such. 5 This approach reflects the “overarching principle of law

It has long been the law in New York that a party’s disclaimer of reliance on extra-contractual representations D’Artagnan reiterates this basic principle of law.

Disclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and As to the law related to CPLR 3126, the Nationstar Court stated: Pursuant to CPLR 3126, a court may

) (“the buyer met her burden of establishing her prima facie entitlement to judgment as a matter of law an amount greater than that stated in the contract, the buyer breached the contract, as a matter of law The Court found that plaintiff “breached the contract without lawful excuse by failing to apply for a

disputes is strong enough generally to bar a second action even where further investigation of the law

Note: Under New York law, courts will not permit a fraud-based claim ( i.e. , fraudulent inducement)   “In addition,” noted the Court, “the documentary evidence conclusively establishe as a matter of law

A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a Akers , 88 N.Y.2d 189, 193 (1996) (quoting Business Corporation Law § 626 (a)). complaint under CPLR §§ 3211(a)(1) and (a)(7) due to plaintiff’s lack of legal capacity to bring the lawsuit Laws of N.Y., Book 7B, C.P.L.R. C3211:10 at 22). .2d 314, 326 (2002)), and “conclusively establishe a defense to the asserted claims as a matter of law

inter alia , a declaration that the premises she occupied was subject to New York’s rent stabilization laws

Oct. 24, 2019) ( here ), interpretative errors of law and fact are insufficient to overturn an arbitral private person will resolve any legal disputes between them, instead of a judge or jury in a court of law 10(a) of the FAA, courts have vacated arbitral awards when an arbitrator manifestly disregards the law It requires more than a simple error in law or a failure by the arbitrators to understand or apply it ; and, it is more than an erroneous interpretation of the law.