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1208 results found for "lien law"
- “Inextricably Interwoven” Issues Support Stay of Litigation Pending Outcome of Arbitration
risks occur because the issues in the arbitration are “inextricably interwoven” with the issues in the lawsuit Arbitration would not resolve the claims in the court action against Defendants and the Arbitration and the lawsuit In Oxbox, the Appellate Division, First Department held that a stay of the lawsuit pending arbitration identical factual allegations and the same damages – i.e., $10,000,000” and had “overlapping issues of law The Court reasoned that both the Arbitration and the lawsuit alleged “that Mr.
- APPELLATE DIVISION, SECOND DEPARTMENT, VALIDATES MORTGAGE FORECLOSURE DEFENDANTS’ CRIES OF “LEAVE ME ALONGE”
specifically indorsed” to the person in physical possession of the note, that person cannot be “the lawful
- Court Finds that Allegedly Ousted Member of LLC Has Standing to Seek Dissolution
Under Section 702 of New York’s Limited Liability Company Law (“LLCL”), a court may dissolve a company unvested at that time, was revoked at that meeting … The Annotations to the Limited Liability Company Law Chiu , 71 A.D.3d 646, 647 (2d Dept. 2010) (“Although Limited Liability Company Law § 701 mentions expulsion Goyal learned, without an operating agreement, the LLCL (at least according to the annotations to the law
- First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims
"> According to the motion court, CCA Bahamas and a non-party to the lawsuit signed the agreement to at least that level of labor and resources on the Convention Center, in good faith, as permitted by law private person will resolve any legal disputes between them, instead of a judge or jury in a court of law noting, the issue of justifiable reliance “is not generally a question to be resolved as a matter of law Levine , 81 A.D.3d 77, 81 (1st Dept. 2010) (finding that under New York law, plaintiffs may plead a fraud
- THE SECOND DEPARTMENT DECIDES INTERESTING ISSUES UNDER RPAPL §1304
For example, section 1303 of the Real Property Actions and Proceedings Law (“RPAPL”) requires that, receive notice pursuant to RPAPL 1304 since she is not a named borrower under the Home Equity Credit Line Both husband and wife were mortgagors under the related credit line mortgage because they both owned Here, the subject credit line mortgage, which was signed by both and , as mortgagors, contained the
- Together We Stand: Court Holds Breach of Contract and Fraudulent Inducement Claims Can Stand Together
that cap that Walleye seeks in connection with the fraudulent inducement claim cannot, as a matter of law
- Failure to Plead Demand Futility Results in Dismissal of a Shareholder Derivative Action Against the Officers and Directors of GE
Commission (“SEC”), or the filing of a securities class action alleging violations of the federal securities laws against the officers and directors of the Company following the filing of a securities class action lawsuit at the Court’s ruling concerning the “demand” requirement set forth in New York Business Corporation Law “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to shareholders’ class action pending in Southern District of New York for violations of the federal securities laws
- SECOND DEPARTMENT DETERMINES THAT POTENTIAL REAL ESTATE BUYER IS NOT ENTITLED TO SPECIFIC PERFORMANCE BECAUSE THERE WAS NO ENFORCABLE CONTRACT
obligations, that defendant was able to convey the property, and that there was no adequate remedy at law
- Court Dismisses Fraudulent Inducement Claim in Merger Litigation
Bernstein Background Plaintiff, Roman Kainz (“Kainz”), alleged violations of the federal securities laws
- Statutory Requirement to Arbitrate Voids Parties’ Agreement to Litigate Disputes in Court
The statute in question is the Prompt Payment Act (the “PPA”), Article 35-E of the General Business Law contractor’s reading of the PPA was incorrect because it “ignore the existence of General Business Law The Court concluded that “ ny allegations of common law breach of contract must necessarily be litigated
- Cyan V. Beaver County Employees Retirement Fund: Supreme Court Affirms State Court Jurisdiction Over Securities Act Class Actions
, asserting claims under state law only. That provision is known as the “state-law class-action bar.” The Investors did not assert any state law claims. Section 77p(b) does not preclude federal-law class actions. Stanford Law Professor Joseph Grundfest, for example, has advocated for forum-selection by-laws involving
- Understanding the Uniform Trade Secrets Act
New York Law vs. The UTSA both narrows and broadens the common-law definition of trade secret. In addition to the definition of a trade secret, New York common law and the UTSA differ over what it concerning the efforts necessary to protect a trade secret is similar under the UTSA and the common law Under New York law, for example, if a trade secret is disclosed to an individual who is not under an
