sometimes be inferred from the acceptance of rent “it may not be inferred, and certainly not as a matter of law

Commission charged Decision Diagnostics and Berman with violating the antifraud provisions of the securities laws

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The distinction between common-law indemnification and contribution is important, though its application committed no wrong, but by virtue of some relationship with the tort-feasor or obligation imposed by law Bridges Assocs. , 75 N.Y.2d 680, 690 (1990) (internal citations omitted). “ he key element of a common-law General Obligations Law (“GOL”) § 15-108 governs what happens when one of several tortfeasors obtains In the third-party action, the Developer Defendants sought common law indemnification and common law

In New York, Section 3211(a) of the Civil Practice Law and Rules (“CPLR”) provides the primary mechanism Laws of N.Y., Book 7B, C.P.L.R. C3211:10 at 22. .2d 314, 326 (2002)), and “conclusively establishes a defense to the asserted claims as a matter of law

imposition of a non-contractual duty of care to the third party, the Glanzer explained: We think the law Given the contract and the relation, the duty is imposed by law.” Id . at 238-239. Stonepath Grp., Inc. , 343 F.3d 189, 196-97 (2d Cir.2003) (loss causation in common law fraud claims securities fraud claims); Laub , 297 A.D.2d at 31 (“ oss causation is the fundamental core of the common-law noted, “ ome courts continue to insist that a strict application of the privity requirement governs the law

An estoppel: "is imposed by law in the interest of fairness to prevent the enforcement of rights which

The law reporters (not to mention the pages of this Blog) are brimming with cases in which the courts This inquiry “involves a mixed question of law and fact, and, where it does not conclusively appear that Stonepath Grp., Inc. , 343 F.3d 189, 196-97 (2d Cir. 2003) (loss causation in common law fraud claims fodder for cross-examination, it is insufficient to establish a loss causation defense as a matter of law “That is not the law,” concluded the Court. Id .

As a result, parties sometimes die during the pendency of a lawsuit.  Morgan , 123 A.D.3d 968 (2 nd Dep’t 2014), plaintiff law firm sued a former client for unpaid legal

finding that the agreement between broker and vendor was a conspiracy to violate a section of the Penal Law In so doing, the Court held that “ t is the settled law of this State (and probably every other State ) that a party to an illegal contract cannot ask a court of law to help him carry out his illegal object The Bonilla Court found that the parties’ agreement to split fees was proscribed by Judiciary Law § plaintiff’s complaint because the affidavit of plaintiff’s president demonstrated that “as a matter of law

The JPMorgan Court found that the plaintiff failed to establish its standing as a matter of law because JPMorgan Court also found that the lender failed to establish the borrower’s default as a matter of law

Law Firm of Queller & Fisher , 278 A.D.2d 441, 442 (2d Dept. 2000), cert. denied , 534 U.S. 1080 (2002