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797 results found for "park doctrine"
- Court Holds No Breach Of Implied Covenant Of Good Faith And Fair Dealing Where Defendant Does Not Thwart The Performance Of The Contract
the Beech Street Agreement required the written notice to be sent was the address for the office of Park
- First Department Affirms Dismissal of Fraud Claim Because Damages Alleged Were Speculative
Chipotle Mexican Grill, Inc. , 29 N.Y.3d 137, 142 (2017) (internal quotation marks omitted).
- Fraud Notes: Real Estate Fraud and the Misrepresentation of Material Facts
Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted).
- Update: First Department Affirms the Denial of Summary Judgment in Norddeutsche Landesbank Girozentrale v. Tilton
Rhone Group L.L.C. , 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted)), then it stands to
- THE FIRST DEPARTMENT REAFFIRMS THAT A CLAIM FOR EXCESSIVE FEES AGAINST AN ATTORNEY IS SEPARATE AND DISTINCT FROM A LEGAL MALPRACTICE CLAIM
Altschuller & Nahins, P.C. , 97 A.D.3d 612, 613 (2 nd Dep’t 2012) (citations and internal quotation marks
- Fraud Claim Dismissed Because Sophisticated Businessman Failed to Plead Justifiable Reliance
(Citation and internal quotation marks omitted.) Rhone Group L.L.C. , 15 NY3d 147, 155 (2010) (internal quotation marks omitted). (internal quotation marks and citation omitted).
- Plaintiff Fails To Submit Evidence Supporting The Return Of Funds In Money Had And Received Case
Park , 204 A.D.2d 531 (2d Dept. 1994). As part of Saparn’s responsibilities, it was required to collect and deposit funds in a separate bank
- U.S. Supreme Court Holds That Appointment of SEC ALJs by Staff Members Violates the Appointments Clause of the United States Constitution
Id. at 30 (citation and internal quotation marks omitted). Id. at 288 (citation and internal quotation marks omitted). (citations and internal quotation marks omitted). , concurring in the judgment in part and dissenting in part, would have avoided the constitutional issue Id. at 2 (citations omitted and internal quotation marks omitted).
- Court Dismisses Fraud Claim, But Sustains Breach of Fiduciary Duty Claim, in Financial Exploitation Case
unjust enrichment, negligence, and violations of the Insurance Law, Insurance Regulations, Title 11, Part The Court’s Decision The granted the motion in part and denied it in part. Co. , 87 N.Y.2d 308, 318 (1995) (internal quotation marks omitted); Nicosia v. Id ., quoting the complaint (internal quotation mark omitted). The professor’s estate sued, alleging, in part, fraud and breach of fiduciary duty.
- Court Denies Petition to Stay Arbitration of Claims Between Shareholders of a Closely Held Corporation
"> Although arbitration has increased in popularity over the years and is part of most business and commercial (citation to record and internal quotation marks omitted). would have to be the result of an action or inaction attributable to ”), lv to appeal dismissed in part , denied in part , 32 N.Y.3d 1040 (2018)).
- The Appellate Division, First Department, Reiterates That A Commercial Tenant Cannot Obtain A Yellowstone Injunction When Faced With Notice Of An Incurable Default
Pi Assoc., LLC , 155 A.D.3d 984 (citation and internal quotation marks omitted).)
- Court Finds Documentary Evidence Utterly Refutes Tenant’s Claim For Damages
Weil, Gotshal , 10 A.D.3d at 270-271 (internal quotation marks omitted). In this court’s reading, the language of paragraph 7 is unambiguous: “there shall be no liability on part