Plaintiff commenced the action alleging breach of contract based on two theories: (1) breach of an original

shall be exclusively governed and resolved by expedited binding arbitration in accordance with the American

firm to investigate the extent of such conduct within the past three years and recommend employment actions impose remedies against the firm pursuant to Sections 4C(a)(2) and (a)(3) of the Securities Exchange Act

A Primer on Contract Interpretation “The elements of a cause of action for breach of contract are the Newell Plaintiff commenced the action alleging, inter alia, the breach of an option agreement between The Court “agree[d] with defendants that the fourth cause of action, alleging breach of contract, as well as the first and second causes of action, which the parties agree[d] depend[ed] on the breach of contract cause of action, must be dismissed pursuant to CPLR 3211 (a) (1).”[10] The Court found that

The right to redeem the equity of redemption can be exercised “at any time before an actual sale under The plaintiff in Shorehaven, a homeowner’s association, commenced an action to foreclose a lien for, property owners to redeem their property by tendering the full sum at any point before the property is actually

Plaintiff commenced the action for breach of a restrictive covenant in the APA, and defendants counterclaimed that he did not trust her and that she would steal all of plaintiff’s clients, and threatened legal action

The SEC charged Alexander and Kizzang with violating the anti-fraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. In a parallel action, the U.S. In that regard, the SEC commences “hundreds of civil enforcement actions against individuals and companies These efforts have resulted in more than half of the SEC’s stand-alone enforcement actions in FY 2018

(collectively, the “plaintiffs”), individually and derivatively on behalf of the LLC, commenced the action In particular, plaintiffs asserted the following four causes of action: First – declaratory judgment Defendants cross-moved for summary judgment dismissing the first, second, and fourth causes of action on the ground, among others, that plaintiffs lacked standing to assert derivative causes of action on Only members of an LLC have standing to bring derivative actions on behalf of an LLC.

constitutes presumptive evidence that the trustee “has applied or consented to the application of trust funds actually In response, the plaintiff/subcontractor commenced the action (under Lien Law § 77 ) to enforce the lien improve real property at the direction of the owner or a general contractor receive payment for the work actually

On September 30, 2024, plaintiff filed its complaint, asserting causes of action for breach of contract default, (2) plaintiff failed to offer evidence to prove its performance ( i.e. , that any amount was actually if any, of the monies in the account from which plaintiff had been drafting remittances constituted actionable business records, which [were] kept and maintained in the ordinary course of regularly conducted business activity

Freiberger This BLOG has previously addressed the issue of a defendant’s appearance in an action – both Once served with process, a defendant must appear in an action to avoid a default. An appearance pursuant to CPLR §320(a) is a formal appearance in the action. litigate the action before the Supreme Court or participate in the action on the merits.” litigation of the action or participation in the action on the merits."

mistake of one party and fraud of the other, a court will reform the contract to make it conform to the actual In 2022, the parties separated, and plaintiff brought an action against defendant seeking, among other Rather,” said the Court, “in order to effectuate defendant’s suggested intent, it would require some action positive, and convincing evidence, not only that a mistake occurred but exactly what the parties had actually The Court’s decision confirms that courts will look to what the parties actually did and agreed to do