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797 results found for "park doctrine"
- Fraud by Omission
Wildenstein , 16 N.Y.3d 173, 178 (2011) (internal quotation marks and citation omitted); Lama Holding
- Derivative Litigation, Documentary Evidence and The Lack of Legal Capacity to Sue
(internal quotation marks omitted).
- Arbitration Agreements May Not Be Enforceable Even When They Are Clear And Unambiguous
They have adopted pro-arbitration doctrines such that arbitration agreements are almost always upheld Go Ahead and Jump 1, LLC d/b/a Sky Zone Indoor Trampoline Park , Docket No. A-1371-15T3 (N.J. operated an indoor trampoline facility in Pine Brook, N.J., known as the Sky Zone Indoor Trampoline Park including a release of liability for any injury to person or property caused by participation in the park The arbitration provision provided, in pertinent part, that “any disputes regarding th agreement,” would
- Court Permits Pre-Action Discovery to Ascertain the Identity of a Defendant
(citation and internal quotation marks omitted). (Citation and internal quotation marks omitted.)
- Court Dismisses Fraudulent Inducement Claim in Merger Litigation
(citation and internal quotation marks omitted).
- A Hint of Falsity Requires a Heightened Degree of Diligence by The Party to Whom the Misrepresentation Was Made Says the Second Department
(citation and internal quotation marks omitted). The exemption which was marked on the Tax Exemption Certificate stated that “ he tangible personal property
- Court of Appeals Provides the Contours of the Notice Requirement Under CPLR § 203(f)
granted plaintiffs’ motion, concluding that the claim related back to the complaint because it was “part (internal quotation marks omitted). Id. Id. Id. Id. Id. Id. Id. Jeffrey M.
- Publicly Available Information Undermines Plaintiff’s Claim of Justifiable Reliance on Alleged Misrepresentation
Rhone Group L.L.C. , 15 NY3d 147, 155 (2010) (internal quotation marks omitted). (citation and internal quotation marks omitted). See also Danann Realty Corp. v.
- New York Court of Appeals Reaffirms that Claims Under GBL 349 and 350 Must Have A Broader Impact On Consumers At Large
Slip Op. at *6 (internal quotation marks and citations omitted). Co. , 87 N.Y.2d 308, 321 (1995) (internal quotation marks omitted).
- “Inextricably Interwoven” Issues Support Stay of Litigation Pending Outcome of Arbitration
(citations and internal quotation marks omitted). But see Lessard Architectural Grp., Inc. P.C. v.
- Update: First Department Affirms Dismissal of Fraud Claim in Unique Goals International, Ltd. v. Finskiy
complain that it was induced to enter into the transaction by misrepresentations”) (internal quotation marks
- FOURTH DEPARTMENT HOLDS THAT PRELIMINARY INJUNCTIVE RELIEF IS NOT AVAILABLE FOR BREACH OF A CONTRACT WITH A LIQUIDATED DAMAGES CLAUSE BECAUSE CONTRACTUAL MONETARY DAMAGES UNDERMINES THE “IRREPARABL...
Thus, CPLR 6301 provides, in relevant part: Grounds for preliminary injunction and temporary restraining (Citation and internal quotation marks, ellipses and brackets omitted.)