malpractice action, in which the motion court stayed the action in favor of the arbitration of the law

Sometimes the dispute can be adjudicated in a court of law. Such was the case in Pottorff v. Laws of N.Y., Book 7B, C.P.L.R. C3211:10 at 22.

2014), the First Department agreed with supreme court that two causes of action sounding in common-law dismissal, as duplicative, of an additional breach of fiduciary duty claim based on the averment that the law Court affirmed the motion court’s finding that plaintiff’s breach of contract claim against its former law There, plaintiff asserted claims against her former law firm sounding in legal malpractice, fraud, excessive

sufficient to give rise to an inference of assent is typically a question of fact, and becomes a question of law

Article 63 of New York’s Civil Practice Law and Rules (“CPLR”) governs, inter alia , the provisional serves as the predicate for plaintiff's action— we conclude that plaintiff has an adequate remedy at law

Under New York law, “ o fulfill the element of misrepresentation of material fact , the party advancing

It has long been the law in New York that a party’s disclaimer of reliance on extra-contractual representations In exchange, DuBow signed a release of claims arising under New York’s employment laws, as well as claims filed an action claiming breach of the 2007 Agreement, failure to pay wages under the New York Labor Law On March 6, 2018, the motion court granted defendants’ motion under the Labor Law for failure to pay

articles, a foreclosing mortgagee demonstrates prima facie entitlement to judgment as a matter of law

Sarbanes-Oxley Act of 2002 for the benefit of investors who were harmed by the violation of the securities laws

Insurance Company (“Liberty Mutual”), issued the Labor and Material Payment Bond required by State Finance Law following the date on which ceased work of said Contract,” unless the limitation was prohibited by law limitation limit a plaintiff’s right of action because they require him/her to act more quickly than the law Thus, as long as the shortened period is reasonable, and otherwise conforms with the law, a shortened

solicited and raised money from investors primarily through the company’s website and a series of on-line charged Defendants with violating the antifraud and registration provisions of the federal securities laws

case concerning an alleged fraud and fraudulent conveyance in the context of a fee dispute between a law Since scheme liability is not typically alleged in a common law fraud and fraudulent conveyance action A Quick Primer on the Applicable Law Common Law Fraud To state a claim for fraud, a plaintiff must allege Like a common law fraud claim, a claim under DCL § 276 must be pleaded with particularity. held that “defendants failed to establish their prima facie entitlement to judgment as a matter of law