, here , here , and here ), attorney’s fees are not generally recoverable in litigation under the “American Under the American Rule, “attorney’s fees are incidents of litigation and a prevailing party may not Rather, they filed plenary action to recover, among other things, the unpaid installment payment. In plaintiffs’ first cause of action, plaintiffs sought payment from defendant of the attorney’s fees Section 2 of the amendment provides that “ his act shall take effect immediately and apply to judgments

The elements of a cause of action for breach of contract are: (1) the existence of an enforceable contract that would of itself give the obligee a claim for damages for total breach or a voluntary affirmative act Air Industries Group , a breach of contract action.  One course of action excludes the other. Accordingly, asserting a cause of action alleging breach of contract precludes pleading a cause of action

Haber It is well-settled that a corporation (or limited liability company) acts through its officers, injustice against a third party, courts will intervene on behalf of the third party to hold the corporate actor EMF ultimately defaulted on the note, and in a prior action commenced by plaintiffs against EMF to recover In December 2018, plaintiffs commenced an action against EMF, Ferrante, and Schoeman pursuant to CPLR plaintiffs’ allegations of fraudulent inducement were not properly before the court, since no cause of action

how various provisions of section 362(a) of the Bankruptcy Code create an automatic stay of certain acts Where the act stayed is not one against "property of the estate," 11 USC § 362(c)(2) provides that a may also grant relief from the stay on request of a party in interest with respect to a stay of an act Consequently, the termination of the stay of an act against "property of the estate" provided for by against "the debtor" and "property of the debtor" under 11 USC § 362(a)(1) and (5), and stays of acts

As a result, said the SEC, TLH activity, and potentially TLH results, could differ significantly for The result, said the SEC, was that for at least 150 accounts, TLH was disabled although clients had enabled Similar to the other coding error, this error caused TLH to be disabled for clients that had enabled compliance policies and procedures reasonably designed to prevent violations of the Investment Advisers Act the SEC’s order finding that it violated Sections 204, 206(2), and 206(4) of the Investment Advisers Act

also targeted the Haitian-American community. 2019, defendants operated a Ponzi scheme and affinity fraud, which targeted South Florida’s Haitian-American “As alleged in our complaint, Singh targeted many members of the Haitian-American community to raise The Commission charged defendant with violating the antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934.

The failure to do so will result in dismissal of the action. sued upon.” 2 CPLR § 302(a)(1) is a “single act statute,” whereby “proof of one transaction in New York are those with which a defendant, through volitional acts, ‘avails itself of the privilege of conducting deceptive acts and practices and for false advertising, respectively; pursuant to Executive Law § 63 conduct in violation of General Business Law §§ 349 and 350 and section 5 of the Federal Trade Commission Act

excuse of impossibility is generally “limited to the destruction of the means of performance by an act The motion court, in its decision and order , recognized that the action “is a dispute, one of many in Later that year, the landlord commenced an action against, inter alia , the tenant to collect rent arrears motion court stated: Landlord is entitled to summary judgment against Tenant on its First Cause of Action This evidence was sufficient to establish a cause of action for rent arrears.

SEC charged defendants with violating the registration and anti-fraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. It also alleged that Empires Consulting acted as a commodity pool operator, and Pires, Goncalves, and Nicholas acted as associated persons of a commodity pool operator, without registering as required. The CFTC seeks injunctions against future violations of the Commodities Exchange Act, civil monetary

America Móvil, S.A.B. DE C.V. , 17 N.Y.3d 269 (2011).  The Court of Appeals affirmed the Appellate Division’s determination that the release barred the action Further, if "the language of a release is clear and unambiguous, the signing of a release is a `jural act Prior to the commencement of the action, plaintiff executed a general release pursuant to which all claims Nonetheless, plaintiff commenced a personal injury action. 

Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action action and, therefore, were barred by the doctrine of res judicata. The Court held that the action was barred under the res judicata doctrine. Because the action before the Court “essentially asserts the same causes of action against the same parties … asserted by Akhter in action also barred by the doctrine of res judicata.”

Haber Under the Federal Arbitration Act (“FAA”) and Article 75 of New York’s Civil Practice Law and Rules (“CPLR”), an action should be dismissed or stayed, and the claims referred to arbitration when they the parties’ intent to delegate such issues to an arbitrator’”.[8] Incorporating the rules of the American Sept. 3, 2025) (here), the foregoing principles were considered by the motion court in staying the action Agreement also provided that any arbitration would be governed by “the rules then obtaining of the American