Insurance policies typically provide that the insurer will “defend” its insured in the event of a lawsuit Simply stated, an insurer may be obligated to provide a defense to a lawsuit even though it may be relieved of the obligation to indemnify its insured from any judgment rendered in that lawsuit. is no obligation to defend could now properly be made only if it could be concluded as a matter of law The Court, however, found that Pixley failed to establish as a matter of law that that it would “ultimately

“Naked” short selling is not necessarily a violation of the federal securities laws or the rules of the

On December 15, 2020, the First Department decided Manchanda Law Office PLLC v.

motion court’s dismissal of the fraud claim, though for different reasons ( i.e. , modified on the law

filed a consolidated class action complaint (“CAC”), which amplified the factual allegations and added Law (“Law Debenture”), PPDAI’s agent for the service of process in the United States, as a defendant. Under CPLR § 2201, “ xcept where otherwise prescribed by law, the court … may grant a stay of proceedings state court action pursuant to the automatic stay of discovery provision in the Private Securities Law In this Blog’s takeaway about Hoffman , we noted that motions to stay 1933 Act claims under New York law

in general, a foreclosing mortgagee demonstrates prima facie entitlement to judgment as a matter of law single notice jointly addressed to two or more borrowers and mailed in a single envelope to serve in lieu

In so holding, the Court noted that its decision was governed by state contract law principles, even though federal law and FINRA rules permeated the questions presented on appeal. Slip Op. at *1 (stating, “This dispute is governed by state contract law principles”) (citing Credit Under New York law, where a “subsequent contract regarding the same matter” exists, it “will supersede original takeaway about Hwang , this Blog said: “ Hwang … highlights the point that courts use state-law

found that the “plaintiff further established its prima facie entitlement to judgment as a matter of law

Vuuzle and Flynn with violating the antifraud and registration provisions of the federal securities laws

Following a number of appeals concerning the application of New York law, which governed under the indenture The question is whether, under New York law, the absence of any reference in the no-action clause to claims arising under the Indenture, or whether the clause also precludes enforcement of all common law In answering the question, the Court of Appeals held that under New York law, a no-action clause that Athilon no-action clause applies only to contract claims under the indenture, not to Quadrant's common-law

contract of sale, the property was encumbered with four leases that were subject to rent stabilization laws

See generally , Business Corporation Law (“BCL”) §§ 1301-1320 (corporations), Limited Liability Company Law (“LLCL”) §§ 801-809 (limited liability companies), Not-for-Profit Corporation Law §§ 1301-1321 ( not-for-profit corporations), and Partnership Law § 121-901 - 121-908 (limited partnerships). that it had standing because it qualified as a “foreign investment corporation” under New York Banking Law Takeaway Under New York law, a foreign business entity – that is, a business entity formed under the