Likhtenstein (“Defendant”) for perpetrating a Ponzi-like scheme primarily targeting the Russian American According to the SEC, from at least April 2017 through June 2024, Defendant, while acting as an investment The SEC charged Defendant with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, as well as Sections 206(1) and 206(2 ) of the Investment Advisers Act of 1940.

sold, assigned and otherwise transferred, one issue that frequently arises in mortgage foreclosure actions is whether the plaintiff has standing to commence its action. note at the time the action is commenced.” When standing is raised as a defense in a foreclosure action, the lender must prove, inter alia , its to prove standing under the traditional holder in due course analysis because the subject “Bank of America

previously noted in this Blog, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  In another case, Bank of America, N.A. v. complaints were dismissed because lenders included notices under the Federal Fair Debt Collection Practices Act

Freiberger Partition is “the act or proceeding by which co-owners of property cause it to be divided Partition actions are governed by Article 9 of the Real Property Actions and Proceedings Law (“RPAPL tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action “The actual physical partition of property is statutorily authorized as the preferred method and is presumed “Irreconcilable acrimony” amongst the parties precipitated the commencement of a partition action.

Freiberger As explained in our Blog entitled “Get Rid of a Stale Mortgage By Bringing an Action Under against any other person or persons, known or unknown, including one under disability as hereinafter A foreclosure action was commenced in 2009 upon borrower’s default. [Eds. borrower cross-moved to dismiss the action as abandoned pursuant to CPLR 3215(c). acceleration of full mortgage loan balances, so long as the revocation is accomplished by an affirmative act

These clauses mandate the resolution of disputes in an arbitral forum, such as the American Arbitration Court noted, “‘as long as an honest arbitrator is even arguably construing or applying the contract and acting Under federal law, Section 10 of the Federal Arbitration Act governs the grounds upon which a court can StructureTek was an action, inter alia, to foreclose a mechanic’s lien in which the plaintiff sought After the plaintiff commenced the action, the plaintiff and the defendants agreed to resolve the dispute

Importantly, the signer who claims to have some impairment must be free of negligence.[9] This means that disability learn the contents of the document being signed.[10] “The cases consistently hold that a person” with a disability alleged fraud.”[15] “Thus, although ‘mere suspicion’ will not substitute for knowledge of the fraudulent act Rubinoff, an action, inter alia, to set aside an allegedly fraudulent conveyance of an interest in real In Dodobayeva, the Court also addressed the statute of limitations applicable to fraud causes of action

pre-filing releases has frequently been the basis for motions to dismiss by defendant companies in actions arising under the False Claims Act (“FCA”). Bayada moved to dismiss the action, claiming, among other things, that the Relators lacked standing to recognized in FCA qui tam cases is to ‘set up incentives to supplement government enforcement’ of the Act However, where the government is aware of the claims prior to the filing of the qui tam action, such

or to a public agency; for participation, on his/her own time, in lawful political or recreational activities ; in retaliation for filing a Workers’ Compensation or Disability Benefits claim or testifying before

article “Pursuant to RPL 282(1), Attorney’s Fees are Available to Borrowers in Mortgage Foreclosure Actions We explain that, according to the “American Rule,” “the prevailing litigant is ordinarily not entitled The “American Rule” “reflects a fundamental legislative policy decision that, save for particular exceptions Exceptions to the “American Rule” exist, for example, where the recovery of attorney’s fees “is authorized In 2014, lender commenced an action to foreclose a mortgage.

Freiberger Today’s article relates to a decision in a mortgage foreclosure action[1] that combines numerous In January of 2009, the lender in Sanon commenced an action to foreclose a mortgage delivered by the The borrower was promptly served with process[4] but failed to appear in the action or answer the complaint Indeed, a mortgagor who has been duly served with notice of a foreclosure action and defaults in appearing to the active calendar, and to substitute the administrator of [the borrower’s] estate in place of [

Freiberger A court can award sanctions to any party or attorney in any civil action or proceeding before the court, except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably , the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action injunctive relief and granted the defendants’ cross-motion for sanctions, finding that “plaintiffs acted The Court reiterated that the plaintiff acted in bad faith by refusing “to consent to a stipulation which