Among others, the filing of notices of pendency is typical in mortgage foreclosure actions and actions Conversely, in an action for the return of a downpayment related to the sale of real property, the contract ” rule is found in CPLR 6516 , which permits successive notices of pendency in mortgage foreclosure actions After an alleged payment default, the plaintiff commenced an action against the defendant “to declare Here, the parties agreed in a rider to the contract that "the right to file a Lis Pendens in any action

Plaintiffs commenced the action asserting, inter alia , a cause of action alleging breach of contract with regard to the Mineola Property joint venture agreement (first cause of action), a cause of action of action alleging fraud with regard to the sale of the Albemarle Property (fifth cause of action), alleging breach of fiduciary duty (seventh and twelfth causes of action), and a cause of action for “A fiduciary relationship exists between two persons when one of them is under a duty to act for or to

in which he resides or has an office for the regular transaction of business in person or where the action words, the statutory preference for the location of a deposition is, among other places, “where the action hardship, the nonresidence of a defendant does not preclude an examination in the county where the action overcome the statutory requirement that the deposition of a party is to be taken in the forum in which the action This is especially so when the movant is the plaintiff in the action. _______________________________

The Court’s Decision Breach of Contract Causes of Action Defendants argued that Barnett’s breach of “A fiduciary relationship exists between two persons when one of them is under a duty to act for or to benefit under the Buy-Out Agreement and the Buy-Out Agreement did not put Berkowitz under a duty to act duty – has not been adequately pled,” the Court dismissed “this cause of action.” Fraud Cause of Action To plead a cause of action for fraud, the plaintiff must allege “a misrepresentation

here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action Evanson , a mortgage foreclosure action, addressed a motion to strike under CPLR 3126(3). There, the defendant served discovery demands on the plaintiff in a mortgage foreclosure action.

of the place of trial ( or venue) of a legal proceeding in New York State is the location where the action considerations such as the convenience of witnesses and/or potential prejudice to a party should the action For example, the proper venue for an action affecting title to real property is in the County where “ any part of the subject of the action is situated.”  Noncompliance with the statutory time requirements should not act as a bar where, as here, a plaintiff's

Levinson , is a mortgage foreclosure action decided by the Appellate Division, Second Department, on Action”). Note: this BLOG has addressed standing in mortgage foreclosure actions. In 2017, the lender commenced a new foreclosure action (the “Second Action”) against the borrower and Note: this BLOG has addressed statute of limitations issues in mortgage foreclosure actions.

The fee-shifting provision provided that in the event plaintiff brought an action against defendant, attorneys’ fees, costs and expenses incurred” in connection with defendant’s successful defense of such action that any dispute would be governed by the laws of the State of Minnesota, and any arbitration or court action

In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from businesses Act of 1991 , 30 FCC Rcd. 7961, 7979-80 (2015) (citing S. Rep. No. 102-178, at 2, 4-5 (1991)). sought to enjoin the practices complained of and recover damages for Time Warner’s violations of the act constitutionality of Section 227(b)(1)(A)(iii) of the TCPA under the First Amendment, arguing that the act With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’”

Third Department considered the foregoing principles in affirming the dismissal of plaintiff’s cause of action claim, stating that the motion court “properly determined that plaintiff failed to state a cause of action confer a direct benefit upon a third party, not a mere incidental one, the third party may maintain an action

, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action (i.e., a return date that predates the time within which the defendant would have to appear in the action pursuant to CPLR 320 (a)) could result in the dismissal of the action. motion returnable “prior to the expiration of the time within which the defendant had to appear in the action Upon the defendant’s default, the plaintiffs commenced their action by the filing of a Summons with Notice

Capital, Inc. and several of its affiliates (together, “Barclays” or the “Bank”) to settle a civil action Those allegations, violations of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), and the predicate acts of mail fraud, wire fraud, bank fraud, and other misconduct, “The actions of Barclays and the two individual defendants resulted in enormous losses to the investors