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877 results found for "creditors rights"
- Russian-Olympic Whistleblower Files Counterclaim Under New York’s Anti-SLAPP Law
by the media, we will await our fair hearing in the court of law where facts and evidence will their rightful
- Unlicensed Home Improvement Contractors Are Not Entitled To Payment Or To File Mechanics Liens
however, is just as important from the perspective of the home improvement contractors because their rights
- New York Court of Appeals Analyzes Third-Party Beneficiary Status in Construction Cases
must be shown, and, absent such intent, the third party is merely an incidental beneficiary with no right We have previously sanctioned a third party’s right to enforce a contract in two situations: when the
- Going, Going, Gone
BONY assigned its rights to two trusts. gone” and knocks down the property to the highest bidder, the foreclosed prior owner no longer has rights
- New York Class Actions – Pre-Certification Settlement Does Not Require Notice To The Putative Class
The dissent took the majority to task for what it described as an unwarranted reading of the rule in light Notwithstanding, the filing of a class action complaint can impact the rights of the plaintiff and putative Id . at 2050; see also id . at 2050 (“In light of the purpose of a statute of repose, the provision is with an opportunity to present arguments as to the fairness and reasonableness of the settlement that might
- Fraud and the Sale of An Annuity Policy
agents and purchased the recommended annuity; (f) plaintiff’s reliance on defendants was justifiable in light pleading requirements of CPLR § 3016(b) may be met when the material facts alleged in the complaint, in light
- Second Department Finds No Issues of Fact as to Whether Defendant Should be Estopped from Asserting a Statute of Limitations Defense
A plaintiff who sits on his/her rights can be denied access to the courthouse for failing to timely assert
- Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
itself against deception, it should not be denied recovery merely because hindsight suggests that it might Dynamic Credit Partners, LLC , 2022 N.Y. Slip Op. 06772 (1st Dept. Nov. 29, 2022) ( here ).
- Partial Performance Does Not Save Dismissal of Oral Agreement Under The Statute of Frauds
Moon, 6 A.D.3d 796, 798 (3d Dept. 2004) (if “there might be any possible means of performance within
- Mixed Statements of Fact and Hyperbole Found to Be Actionable for Fraud Purposes
$135,000, one-half (½) of a share of Lion common stock for each dollar invested (67,500 shares), and the right
- An Invalid Restrictive Covenant Is Just What The Doctor Ordered
restrictive covenants, the Second Department reiterated that “ greements restricting an individual’s right
- Contract Forum Selection Clause Trumps Arbitration Requirement In U-4
Under Rule 12200, customers are given the unilateral right to demand arbitration even in the absence Although the rule is mandatory, as with Rule 12200, Associated Persons may waive their right to a FINRA which the parties agree to resolve their disputes in court – are intended to supersede or waive the right obligation under FINRA’s rules to arbitrate, and that by agreeing to that clause, the customer waived any right
