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797 results found for "park doctrine"
- Conspiracy Theory Jurisdiction. Who Knew?
Whether the court has personal jurisdiction over a non-domiciliary involves a two-part inquiry: (1) the Pak-More Mfg. Co. , 95 N.Y.2d 210, 216 (2000) (citations omitted). Id. at 217 (internal quotation marks and citation omitted). Rushaid v.
- The Importance of Sharing Profits and Losses When Claiming Breach of an Oral Partnership and Pleading Fraud with Particularity
that he had made significant creative contributions to an entertainment group, only to be left in the dark
- Insurance Carrier Not Required to Indemnify Insured for Claimed Business Income Losses Says the Second Department
It is an important part of life. Corp. , 112 A.D.3d at 764 (internal quotation marks and citation omitted). Slip op. at *2 (internal quotation marks omitted).
- Court Rules That The Public’s Right To Know Outweighs A Litigant’s Desire to Seal the Pleadings
Mosallem , 76 A.D.3d at 348, quoting Gryphon Dom. , 28 A.D.3d at 324 (internal quotation marks and citations shall not enter an order in any action or proceeding sealing the court records, whether in whole or in part Notably, merely because the parties mark documents “confidential” or “private” does not make them so.
- Court Rejects COVID-19 as Defense, Saying the “Pandemic is Not a Catch-All Defense to Disputes that Began Last Year”
complaint in connection with the failure by defendant to make payments under a promissory note executed as part Navarro , 25 N.Y.3d 485, 491-92 (2015) (internal quotation marks and citation omitted).
- Fraud and The Alleged Failure to Register Under BCL § 1312(a)
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 The parts of this fraud claim that are based on information and belief are that the kickback fee did Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491-92 (2008) (internal quotation marks and citations omitted (“The parts of this fraud claim that are based on information and belief are that the kickback fee did
- A Promise to Perform is Not the Same as A Fraud, Says the First Department
Defendants argued that the cause of action must be dismissed, in part, because the complaint failed to Chesebrough-Ponds, Inc. , 68 N.Y.2d 954, 956 (1986) (internal quotation marks omitted)).
- First and Fourth Departments Affirm Dismissal of Fraud Actions on Justifiable Reliance and Statute of Limitations Grounds, Respectively
Siegal , 85 A.D.3d 687, 688 (1st Dept. 2011) (citation and internal quotation marks omitted). Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks and citation omitted). Atlas MF Mezzanine Borrower, LLC v. Macquarie Tex.
- N.Y. Supreme Court Rules on Alleged Fraudulent Conveyance and the Attempt to Evade Creditors
Bannon of the Supreme Court, New York County, granted in part and denied in part a motion for summary Palazzolo (“Frank”), to his wife, defendant Mary Palazzolo (“Mary”), to the detriment of plaintiff, Mark (internal quotation marks and citations omitted). same case, a concurrence of several badges will always make out a strong case”) (internal quotation marks The Court granted in part and denied in part the motion.
- Change of Venue Procedures
county in which one of the parties resided when it was commenced; the county in which a substantial part example, the proper venue for an action affecting title to real property is in the County where “any part party would, for all practical purposes, be deprived of its day in court" (citations and quotation marks Coluck at *2 (citations and internal quotation marks omitted). In Jansen v.
- Fraud Notes: Scienter and The Failure to Allege Falsity
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.
- SEC Enforcement News: Elon Musk, Retail Brokers and Investment Advisors
” < ed. note : to this blog’s knowledge, the sec action against musk marks the first enforcement action complaint underscores this point.> ed. note: to this blog’s knowledge, the sec action against musk marks minimal number of held orders – orders that must be executed immediately at the current market price – in dark As part of the settlement, COR agreed to exit a key penny stock clearing business by significantly limiting In addition, in its Forms ADV and Forms ADV Part 2A, Goldsky stated that it had over $100 million in