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797 results found for "park doctrine"
- Is The Commencement Of An Action, Particularly One Seeking Rescission, Itself An Anticipatory Breach? The New York Court Of Appeals Says No
renders the obligor unable or apparently unable to perform without such a breach”) (internal quotation marks recovery for post-repudiation expenditures because of his or her failure to avoid those expenses as part Crespi, The Adequate Assurances Doctrine after U.C.C. § 2-609: A Test of the Efficiency of the Common In relevant part, APB agreed, as a condition precedent to closing, that it would deliver certain government
- Party’s Pursuit of Remedies in Court Did Not Evidence an Intent to Abandon the Right to Arbitrate Claims
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id . Ctr., Inc. , 4 N.Y.3d 363, 372 (2005) (citations and internal quotation marks omitted). pursue arbitration by the commencement and amendment of an Article 78 proceeding which, at least in part
- Obtaining A Prejudgment Attachment Order Is Not Easy, Even Where Fraud Is Alleged
Lewis , 137 A.D. 3d 1387, 1388 (3d Dept. 2016) (citation and internal quotation marks omitted). (citation and internal quotation marks omitted). VisionChina , 109 A.D.3d at 60 (citation and internal quotation marks omitted). However, if an attachment order is granted on an ex parte basis, the plaintiff must move within five strictly construe CPLR 6201 “in favor of those against whom it may be employed” ( Hume v. 1 Prospect Park
- Court Finds Issues of Fact as To The Existence and Enforceability of An Implied Contract
(internal quotation marks omitted).
- Everything You Wanted To Know About Replevin, But Were Afraid To Ask
Navani , 131 A.D.3d 401, 405 (1st Dept. 2015) (citations and internal quotation marks omitted).
- Court Finds No Basis for Triggering Mandatory Arbitration Under FINRA Rules
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id . Int’l Bhd. of Teamsters , 561 U.S. 287, 296 (2010) (internal citation and quotation marks omitted). The FINRA Action alleged, in pertinent part, that LekUS failed to investigate suspicious activity with
- New York Court of Appeals Analyzes Third-Party Beneficiary Status in Construction Cases
(Citations, internal quotation marks and brackets omitted.) (Citations, internal quotation marks and brackets omitted.) (Citations, internal quotation marks and brackets omitted.)
- Oral Agreements, Emails and The Motion to Dismiss Based on Documentary Evidence
Fashion Boutique of Short Hills, Inc. , 10 A.D.3d 267, 270-71 (1st Dept. 2004) (internal quotation marks Kelly , 151 A.D.3d at 1313 (internal quotation marks and citation omitted).
- MADONNA DOES NOT WANT HER ADVERSARY TO “STRIKE A POSE” BEFORE A CAMERA SO THAT A COURT ORDERED ATTORNEY’S FEES HEARING CAN PROCEED VIRTUALLY
(Citations, internal quotation marks. ellipses and brackets omitted.)
- Promissory Notes and Summary Judgment in Lieu of A Complaint
Kim , 144 A.D.3d at 755 (citations and external quotation marks omitted).
- Spurned Law Firm States a Claim for Breach of Fiduciary Duty Against Departing Partners Says the Fourth Department
The motion court granted defendants’ motion in part by dismissing the causes of action for conspiracy Slip op. at *2 (internal quotation marks and brackets omitted; quoting Gawrych v. Astoria Fed. EBC I , 5 N.Y.3d at 19 (“Whether a plaintiff can ultimately establish its allegations is not part of impossible to state in detail the circumstances constituting a fraud.” 10 N.Y.3d at 491 (internal quotation marks
- NEW YORK SUPREME COURT ANALYZES WHETHER AN “OWNER” CAN ALSO BE A “CONTRACTOR” FOR LIEN LAW TRUST FUND DIVERSION PURPOSES
Gilbane (internal quotation marks and brackets omitted).