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1208 results found for "lien law"
- Enforcement News: Facebook’s Tough Week – Over $5 Billion Paid to Settle Claims Brought by The SEC and FTC
Commission takes consumer privacy seriously, and will enforce FTC orders to the fullest extent of the law have to be confident that its combined terms would effectively deter Facebook from engaging in future law When executives at large companies exercise control over decisions, including decisions to break the law
- When Is a Waiver Not A Waiver? When You Amend as of Right
When a plaintiff initiates a lawsuit, he/she must file and serve a summons and complaint. The Applicable Law Under CPLR § 3018(b), a party must “plead all matters which if not pleaded would be
- Court Holds that a Letter of Intent is a Binding Contract When It Contains All the Material Terms of An Agreement
the language of the agreement is free from ambiguity, its meaning may be determined as a matter of law As it is a question of law whether or not a contract is ambiguous ( W.W.W. Assoc. v. obtain the property other than pursuant to the terms of the LOI, and (e) it had no adequate remedy at law City offers no explanation as to why the parties would provide for amendment procedures and governing law Richard had no adequate remedy at law; (2) granting summary judgment in favor of A.J.
- NEW YORK COURT OF APPEALS REAFFIRMS THAT LEASE LANGUAGE DETERMINES OUT OF POSSESSION LANDLORD’S LIABILITY TO THIRD PARTIES
The general rule and its exception have a long history in the Court of Appeals and English law. to repair does not impose upon the lessor a liability in tort at the suit of the lessee or of others lawfully Cullings , the Putnam Court stated: We overrule Cullings … and adopt the Restatement formulation as the law
- Court-Ordered and Statutory Deadlines are Not Optional, Says the First Department
As every lawyer knows, the practice of law requires compliance with various deadlines. However, most lawyers likely wake up in the middle of the night worrying about whether they can meet In New York’s Civil Practice Law and Rules (“CPLR”), there are many deadlines that require compliance
- Third Department Affirms Dismissal of Contract Claim Due to Shortened Limitations Provision in Insurance Policy
agreement to “delay the commencement” of the statute of limitations “was inconsistent with New York law Under New York law, the statute of limitations applicable to a breach of contract cause of action is In lieu of answering, Allstate moved to dismiss the complaint, claiming that the action was not timely Accordingly, since Anderson did not file her summons with notice until October 19, 2016, her lawsuit
- Christmas Coal For Two Companies That Used Separation Agreements To Impede The Ability Of Departing Employees To Report Violations Of The Securities Laws
separation agreements that impede the ability of whistleblowers to report violations of the securities laws agreements to impede departing employees from communicating with the SEC about possible securities law whistleblowers that voluntarily provide the SEC with information about violations of the securities laws impede an individual from communicating directly with the Commission staff about a possible securities law may impede an employee or former employee from providing information to the SEC about a securities law
- Fourth Department Vacates Portion of Arbitral Award Because Arbitrator Exceeded His Authority
satisfies one of the statutory reasons for modification or vacatur provided by New York Civil Practice Law
- Hospitality Websites: The Impact Of The Americans With Disabilities Act On Impaired Individuals’ Access To The World Wide Web
Developing areas of the law, and advances in technology, have resulted in some changes in the way barriers
- Oral Assurances That Conflict with Written Policies and Statutory Requirements Held Insufficient to Support Injunctive Relief
that Plaintiff received the medical benefits was because the budget it received only included a budget line for health insurance and all retirees and current employees were collectively on that one line represented The Court explained that pursuant to the Education Law, only a board of education is vested with the Dist. , 84 A.D.2d 749 (2d Dept. 1981); Education Law, § 1709<16> ).
- Preliminary Injunction Improperly Granted Where Primary Relief Sought Is Money Damages
, courts will deny a motion for a preliminary injunction where the movant has an adequate remedy at law Lien , 198 A.D.2d 186, 604 N.Y.S.2d 84 (1st Dept. 1993) (holding that if “the requested relief is not conveyance by the defendant Igor Mavlyanov (“Mavlyanov”) in violation of New York Debtor and Creditor Law is a drastic remedy and will only be granted if the movant establishes a clear right to it under the law irreparable harm is the most difficult element to demonstrate for obtaining injunctive relief under New York law
- Congress Passes New Laws That Protect Whistleblowers From Retaliation While Encouraging Them To Report Waste, Fraud And Abuse
Congress and the states have passed many laws to end fraud on the government. The legislation became law on December 14, 2016. They are on the front lines in the fight against fraud, waste and misconduct, but they can’t do their
