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797 results found for "park doctrine"
- First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims
Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). (citation and internal quotation marks omitted); Brookfield Clothes, Inc. v.
- Fraud Claim Dismissed on Statute of Limitations Grounds: Plaintiff Unable to Use The Discovery Rule to Save His Claims
(citation and internal quotation marks omitted). plaintiff that he or she may have been defrauded, so as to trigger a duty to inquire on his or her part (Citations and quotation marks omitted). For that reason, Essepian “misse the mark.”
- Fraud Claim Dismissed Because Plaintiff Failed To Plead Claim With Particularity
Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v.
- FOLLOW-UP – THE NEW YORK COURT OF APPEALS AFFIRMS THE APPELLATE DIVISION, SECOND DEPARTMENT’S, ENFORCEMENT OF WAIVER OF DECLARATORY RELIEF IN COMMERCIAL LEASE RESULTING IN THE DENIAL OF TENANT’S YE...
(Citations, internal quotation marks, footnotes and ellipses omitted.)
- When Is A Waiver Of Arbitration A Waiver?
Sacharow , 91 N.Y.2d 39, 49-50 (1997) (citations and quotation marks omitted). Ctr., Inc. , 4 N.Y.3d 363, 372 (2005) (citations and internal quotation marks omitted). The Agreement contained an arbitration clause, which provided, in pertinent part, that “ ny controversy
- Failure To Plead Demand Futility Warrants Dismissal Of Derivative Complaint
Program Risk Mgmt., Inc. , 147 A.D.3d 122, 132 (3d Dept. (2017) (citation and internal quotation marks Gilbert , 99 A.D.3d 108, 114 (1st Dept. 2012) (internal quotation marks and citations omitted); Maldonado Maldonado , 140 A.D.3d at 1504 (internal quotation marks and citation omitted).
- OWNERS BEWARE: The First Department Expands The Boundaries Of “Construction Sites” To Bring More Cases Within The Scope Of Labor Law § 240
Consolidated Edison Company , 78 N.Y.2d 509, 513 (1991) (citations and internal quotation marks omitted ( Rocovich, 78 N.Y.2d at 513 (citations and internal quotation marks omitted) (emphasis in original site policy, and he was not provided with a safer or different means of gaining access to any other part omitted), the Hoyos Court found that “ he building as a whole, and in particular those parts, which Two Justices dissented, in part, and would have dismissed the Labor Law § 240 claim.
- Update: INTL FCStone Mkts., LLC v. Corrib Oil Co. Ltd. First Department Affirms Summary Judgment Grant Involving Investment in Hundreds of Transactions
Rolls-Royce Corp. , 570 F.3d 849, 853 (7th Cir. 2009) (internal quotation marks omitted).
- The New York Court Of Appeals Addresses The Issue Of When A Mechanic’s Lien Can Be Placed On A Landlord’s Property By A Contractor Performing Work For A Tenant
(Some internal quotation marks and brackets omitted.) The lease also provided, inter alia , that the improvements would become “part of the realty” at the The Court in Rice also held that the Lien Law requires more than “passive acquiescence” on the part
- The Duty to Another in the Context of Negligence, Negligent Misrepresentation and Fraud Causes of Actions
action sounding in negligence, a plaintiff must establish the existence of a duty on the defendant’s part Pine Knoll Corp. , 290 A.D.2d 792, 795 (3d Dept. 2002) (internal quotation marks and citation omitted , 65 N.Y.2d 536, 545-46 (1985), the Court of Appeals reaffirmed Ultramares , and set forth a three-part which a known party or parties was intended to rely; and (3) there must have been some conduct on the part The Court reasoned that Defendants “were engaged by Mokhtar as part of an arbitration process.
- Plaintiff’s Filing of an Affidavit of Service of the Summons and Complaint Several Days Late Results in the Vacatur of a Default Judgment Obtained Over Six Years Earlier
(Some citations and internal quotation marks omitted.)
- Corporate Veil Pierced Due To Fraud On Creditor
These factors include: (1) the absence of the formalities and paraphernalia that are part and parcel Piercing the Veil Between Corporations The alter ego doctrine has also been applied to pierce the veil An integral part of the plan was keeping it from the other members of TRE’s board, whom Connolly and Because TRE was not yet in default, Comerica would only agree to a sale at par – i.e. , at a price that Mueller was never a part of TRE but nonetheless exercised considerable influence on the board, as he