voluntarily made with full knowledge of the facts, in the absence of fraud or mistake of material fact or law First, the Court looked at whether the decision to demand the payment was lawful ( e.g. , if an agreement Wells Fargo Bank, Nat’l Ass’n , 655 F.3d 136, 142 (2d Cir. 2011) (“The law demands threatening conduct Second, if the demand was not lawful, the Court looked to whether the demand placed the plaintiff in The court also rejected Plaintiff’s argument that it made the payment under a mistake of fact or law

In addition, on March 23, 2020, the company drew down the last $90 million on a revolving line of credit , the SEC found that The Cheesecake Factory violated reporting provisions of the federal securities laws

The Court’s Decision The Court analyzed the motion to stay the action through the lens of CPLR § 2201 Under CPLR § 2201, “ xcept where otherwise prescribed by law, the court … may grant a stay of proceedings had no greater expertise in adjudicating the claims asserted in the state action, “including federal law

In 1970, the New York Legislature enacted General Business Law (“GBL”) § 349, New York’s deceptive trade Notably, the deceptive practice does not have to rise to “the level of common-law fraud to be actionable In fact, “ lthough General Business Law § 349 claims have been aptly characterized as similar to fraud sustained by her trust, and thus sufficient to confer standing upon her to assert a General Business Law The Court also agreed with the motion court that the “General Business Law claim not duplicative of

and abetting breach of fiduciary duty, unjust enrichment, negligence, and violations of the Insurance Law , Insurance Regulations, Title 11, Part 224 and General Business Law § 349. Under “long established” New York law, there is no fiduciary relationship “between an insurance company Court, “the branch of the claim asserted against Security Mutual is fatally defective as a matter of law

New York City has passed a law, 45-0 in a city council vote, which is designed to help enforce existing The new law will require that Airbnb share the names and addresses of hosts in New York City. here. </a>"> Not Everyone Agrees The law has been met with mixed feelings. He has filed a lawsuit against New York City. A catalyst for Gentrification or a Homeowner’s Ace? New York City has asked a judge to order Airbnb to comply with a subpoena for information, in line with

HMS Holdings Corp. , 127 A.D.3d 493, 494 (1st Dept. 2015) (common law fraud is duplicative of breach

The Court also held that McGuckin was entitled to a judgment “as a matter of law declaring that is obligated

Courtright and TGC with violating the antifraud and registration provisions of the federal securities laws

connection with their roles in a $150 million fraudulent bond offering by the now defunct international law Fearful that declining revenue might cause its bank lenders to cut off access to the firm’s credit lines executives of the firm, in connection with their roles in the fraudulent bond offering by the now defunct law Suspension and Ban In 2016, Davis reached a deferred prosecution agreement, which included not practicing law

For this reason, whether the statute of limitations has run is an important issue for a lawyer and client New York law does not provide a single statute of limitations for breach of fiduciary duty claims. determine timeliness, the courts consider whether the plaintiff’s complaint alleges, as a matter of law

Prospective clients often tell lawyers of such incidents. The question for the lawyer is whether such name calling is actionable for purposes of a defamation claim Hustler Mag., Inc. , 800 F.2d 298, 301 (2d Cir. 1986) (applying New York law). “Whether a particular statement constitutes an opinion or an objective fact is a question of law.”