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797 results found for "park doctrine"
- Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
Ernst & Young , 206 F.3d 202, 209 (2d Cir. 2000) (citation and internal quotation marks omitted).
- A Contract That Means What It Says
Safe Factory Outlet, Inc. , 28 A.D.3d 175, 177 (1st Dept. 2006) (internal quotation marks and citation Union replied that the assumed debt was not part of the consideration for plaintiff’s commission. Thus, if the mortgages were not Union’s to sell, explained the motion court, but merely part of the overall structure of the agreement, then the parties could not have intended the mortgages to be part of the
- The Utility of the Lost Note Affidavit
Brody, 156 A.D.3d 839 (2 nd Dep’t 2017)) (citations and internal quotation marks omitted).)
- Factoring, Commercial Financing Services and Claims That Range from Replevin to Fraud
As discussed below, the motions were granted in part and denied in part. , 2019, the State joined the vast majority of jurisdictions to have adopted the UVTA in whole or in part Brodsky , 257 A.D.2d 526, 529 (1st Dept. 1999) (internal quotation marks and citation omitted). Id. (citing, Pen Pak Corp. v. LaSalle Natl. Bank of Chicago , 240 A.D.2d 384, 386 (2d Dept. 1997)).
- The Appellate Division, Second Department Holds That A Foreclosing Mortgagee Waived Its Right To Argue That Mortgagor Waived Its Standing Defense
Marks v. Macchiarola , 221 A.D.2d 217 (1 st Dep’t 1995).
- The Second Department Reverses Another Grant Of Summary Judgment To A Foreclosing Lender On A Home Loan Due To The Insufficiency Of Proof Of Mailing Statutorily Required Notices To The Borrower
(Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- Court Holds That A Stockholder of A Canadian Corporation Failed to Demonstrate Specific Jurisdiction Sufficient to Challenge a Merger and Acquisition
Gasarch , 149 A.D.3d 485, 486 (1st Dept. 2017) (internal citation and quotation marks omitted). Id . at 1781 (internal quotation marks and brackets in original omitted), citing Goodyear Dunlop Tires
- COURT OF APPEALS CERTIFIES TO THE SECOND CIRCUIT THE ANSWER TO, INTER ALIA, THE QUESTION: HOW CAN A BORROWER REBUT A LENDER’S PROOF OF COMPLIANCE WITH RPAPL 1304 WHEN THAT PROOF IS IN THE FORM OF A...
(Citation and internal quotation marks omitted.) Subdivision two directs, in relevant part, that “ ach filing ... shall be on such form as the superintendent Additionally, “Hook’s affidavit stated that, as part of ’s routine practice, envelopes for the 90–day that “ hat is necessary to rebut the presumption that a RPAPL 1304 notice was mailed will depend, in part
- In Case of First Impression, Fourth Department Holds That Discharge in Bankruptcy Does Not Bar Ability to Commence Foreclosure Proceeding
Vitellas , 131 A.D.3d 52, 63 (2d Dept. 2015) (internal quotation marks omitted).
- Fraud and the Sale of An Annuity Policy
York , 175 A.D.3d 1073, 1074 (4th Dept. 2019), lv. denied , 34 N.Y.3d 912 (2020) (internal quotation marks
- Breaking Up is Hard to Do 2.0: Court Denies Motion to Dissolve Under BCL 1104-a
capital investment, because earnings of a close corporation, as is well known, are distributed in major part at 71 (internal quotation marks omitted). Id. at 72; see also Hoffman v. S.T.H.M.
- Contract Precludes Plaintiff From Recovering Lost Profit Damages Due to Alleged Breach
Ireland, Ltd. , 22 N.Y.3d 799, 805-806 (2014) (internal quotation marks and citation omitted). The agreement contained a limitation of liability clause that provided, in pertinent part, “Except for