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797 results found for "park doctrine"
- Going, Going, Gone
denied Walker’s motion to sell the Property, holding that, under New York law, the Property was not part in which the Second Circuit, applying New York law, found that the subject “property did not become part had no cognizable legal or equitable interests in the Property” and, therefore, the Property was not part (Internal quotation marks omitted.) (Citation and internal quotation marks omitted; emphasis supplied by the Walker court.)
- Referee Fees and the "Caddyshack" Principle
Wells Fargo , at *2 - 3 (citations and internal quotation marks omitted).
- The Failure to Read Offering Plan Negates Claim of Justifiable Reliance
Such was the case (for the most part) in Carmen E. Godt , 131 A.D.3d 563, 567-568 (2d Dept. 2015) (internal quotation marks omitted), quoting Gillman v. conclusively bound by its terms unless there is a showing of fraud, duress or some other wrongful act on the part
- The Actionability of Corporate Puffery and Statements of Opinion
Nadoff at 252 (internal quotation marks and citations omitted). The Prospectus formed part of the Registration Statement (the Prospectus and Registration Statement are
- U.S. Supreme Court Rules That Tolling Principles Do Not Apply To Securities Act Statute Of Repose
Gilbertson , 501 U.S. 350, 363 (1991) (“ he equitable tolling doctrine is fundamentally inconsistent (Citations and internal quotation marks omitted.) S. at 363 (internal quotation marks omitted). (Citation and internal quotation marks omitted.)
- The Race to Record a Mortgage is One You Do Not Want to Lose
proper inquiry would have disclosed" Emigrant , 171 A.D.3d at 1134 (citations and internal quotation marks
- First Department Holds That Arbitration Provision in Later-Signed Form U-4 Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
Adarna Energy Corp. , 2014 WL 4746026, at *6 (S.D.N.Y. 2014) (internal quotation marks and citation omitted
- Oral Modification of Mortgage Documents Insufficient to Support Breach of Contract Claim
Co. of Pittsburgh, Pa. , 25 N.Y.3d 675, 680 (2015) (citation and internal quotation marks omitted). (citation and quotation marks omitted). Although “part performance by one party of an alleged oral modification to a written agreement may be agreement contains an express prohibition against such modification,” the Court found that MSI’s alleged part (internal quotation marks and citations omitted).
- All Things Arbitration – CPLR §§ 7503(b), 7510 and 7511
(internal quotation marks omitted).
- Deutsche Bank Employees Granted Class Certification in 401(k) Lawsuit
(Citation and internal quotation marks omitted.) (Citations and internal quotation marks omitted.) overarching issue in these lawsuits is that the firms violated their fiduciary duties under ERISA by packing
- Enforcement News: SEC Charges Broker with Scheme to Defraud Mostly Elderly Retail Brokerage Customers and Investment Advisory Clients
Institute, Protecting Older Investors: The Challenge of Diminished Capacity (2011) (internal quotation marks Relying on Matthes’ representations, said the SEC, 15 customers sold or authorized Matthes to sell, in part
- New York Court Appeals Holds Liquidated Damages Provision in a Surrender Agreement to Be an Unenforceable Penalty
lease under the guise of damages for a breach of a separate contract” (majority op at 8) misses the mark