representatives” informed it that the security services ISS provided “were, as a matter of fact and law . . to improve real property . . . owned by an organization exempt under section 1116(a) of the Tax Law That opinion and the law on which it was based, observed the Court, was equally available to ISS. (“In that regard, the plaintiff was in an equal position to discover the applicable law.”) Since the applicable law was available to ISS, the Court held that ISS could not have reasonably relied

an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law As a result, the Referee, who was the managing partner of a law firm, was forced to defend himself, and amount of $139,000.00 was fair and reasonable because he had to, inter alia , defend three frivolous lawsuits After all, “ t has long been established that frivolous lawsuits typically warrant the awarding of Attorney however, a statutory impediment to award which overrides the general principles enunciated in the case law

New York’s Business Corporation Law (“BCL”) provides shareholders owning 50% or more of a corporation Matter of Klein Law Group, P.C. , 134 A.D.3d 450 (1st Dept. 2015) (quoting Matter of the Dissolution held that “dissolution is not to be denied in a proceeding brought pursuant to Business Corporation Law The PC began as a regional law firm with offices in Buffalo and Rochester, New York. a profit, dissolution is not to be denied in a proceeding brought pursuant to Business Corporation Law

May 3, 2022) ( here ), this general principle of law was one of the issues before the Court.

and circumstances, said the lower court, represented “badges of fraud” under former Debtor & Creditor Law

Under well-settled principles, summary judgment in lieu of complaint is available for an instrument for Division, First Department applied the foregoing principles in affirming the grant of summary judgment in lieu Defendants defaulted on the payments, causing plaintiff to file the motion for summary judgment in lieu above, plaintiff sustained her initial burden of demonstrating entitlement to judgment as a matter of law

record that the plaintiffs engaged in any pre-action disclosure or made any Freedom of Information Law

statements to his personal friend Yanchukov; (2) a false report publicly filed pursuant to the securities laws Under New York law, sophisticated parties must show that they used due diligence and took affirmative

Accordingly, the Court held that it could not “conclude, as a matter of law, that a reasonable person

company) to vindicate the entity’s rights. 1 Although shareholders are given the right to bring such lawsuits not enough” to find interestedness. 13 Indeed, simply naming each current or former director “in a lawsuit board approval cannot meet the test of business judgment.’” 16 “The business judgment rule is a common-law

The equitable “doctrine” of reformation was necessary “because an action at law afforded no real relief

will voluntarily agree to arbitrate their disputes, instead of allowing a judge or jury in a court of law Co. , 89 N.Y.2d 214, 223 (1996), citing Insurance Law § 5105(b); § 5221(b)(6). Errors of fact or law committed by the arbitrator, or his/her misconstruing evidence or arguments, are holding that it is “well settled” that arbitration award may not be vacated for arbitrator’s errors of law City Bd. of Educ. , 89 A.D.3d 532 (1st Dept. 2011), lv. denied , 19 N.Y.3d 808 (2012) (mistakes of law