improvement contractor who fails to possess and plead possession of a valid license as required by relevant laws may not commence an action to foreclose a mechanic's lien.”  against a consumer arises from the plaintiff's conduct of a business which is required by state or local law Plaintiff was not paid and, accordingly, sought to foreclose a mechanic's lien he had filed against the Supreme court denied defendant’s motion to dismiss “the causes of action to foreclose a mechanic's lien

The judicial sale is also the hoped-for conclusion of other types of proceedings – such as mechanic’s lien foreclosures and condominium lien foreclosures. be just, may set the sale aside for a failure to comply with the requirements of the civil practice law The Board commenced an action to foreclose its lien. The deposit should not have been delivered to the Board because the Buyer had a “lawful excuse for refusing

The purchaser cross-moved for summary judgment and for the imposition of an equitable lien on the property unnecessary at a foreclosure sale because “the purchaser has actual notice of the plaintiff’s claim to a lien established caselaw requiring a stay pending disposition of the appeal in order to protect title and restrict alienability

The mortgage, when filed with the clerk of the county in which the property is located, creates a lien loan, the borrower expects that a mortgage satisfaction will be filed with the Clerk to release the lien to which the first and second mortgages, and the underlying notes, were consolidated into a single lien increased with second mortgage loans and CEMAs are executed to consolidate the mortgages into single liens

here ), the Court was asked to consider the dismissal of claims arising under, inter alia , Judiciary Law § 487 and common law fraud. In the action before the Second Department, Plaintiff sued the lawyers and the law firms at which they Judiciary Law § 487 Judiciary Law § 487 imposes civil and criminal liability on any attorney who “( Judiciary Law § 487; see Gumarova v. Law Offs. of Paul A.

Parties require forum selection clauses to reduce litigation expenses, avoid adverse laws, and mitigate deny plaintiff his choice of forum, if jurisdiction there is otherwise appropriate.” 2 Under New York law It is a procedural device whereby the plaintiff or creditor can bypass the commencement of a lawsuit In New York, confessions of judgment are governed by Section 3218 of the Civil Practice Law and Rules Plaintiff filed a motion for summary judgment in lieu of complaint, based on the Settlement Agreement

Judiciary Law 470 , which, in its present form, was passed in 1909, but has its origins to the time when attorney and counsellor, in the courts of record of this state, whose office for the transaction of law Regarding the potential repeal of Judiciary Law Section 470, NYSBA President Scott M. Our laws must continue to adapt with the times too. TAKEAWAY Advances in technology have made it easier for lawyers to practice law outside of the traditional

Division, First Department. [1] While Shorehaven involves the foreclosure of a homeowner’s association lien The plaintiff in Shorehaven, a homeowner’s association, commenced an action to foreclose a lien for, After the defendant made two payments to the plaintiff, in lieu of bringing the foreclosure to sale pursuant

This Blog has featured numerous treatments of the procedural, substantive and evidentiary law in residential confusion about some of the most fundamental aspects of the procedural, substantive, and evidentiary, law Standing was established through business records annexed to the affidavit of an employee of BONY’s law Against this backdrop, the Court found that the affidavit of the law-firm’s employee sufficed to establish

counterclaims alleging unjust enrichment, to recover in quantum meruit, and for the imposition of an equitable lien The Court recognized that “a quasi-contractual obligation is one imposed by law where there has been The law creates it, regardless of the intention of the parties, to assure a just and equitable result lender’s claim that it was entitled to an equitable mortgage on the Property as well as an equitable lien

investment appear even more attractive, APB allegedly promised that investments would be secured by a lien Coupled with information about the liens on the Oregon farm, the competing valuations would also have investors to assess whether APB had sufficient revenues to pay its operating expenses and whether a lien The SEC charged defendants with violating the antifraud provisions of the federal securities laws.

others, alleging causes of action against her to recover damages for violation of General Business Law To state a claim under General Business Law (“GBL”) § 349, a plaintiff must establish that the defendant proper permits for the job or that she was acting as a manager of FBFR’s performance.[8] Under New York law FBFR also signed a Contractor’s Waiver of Lien, which provided “I am duly licensed under applicable laws