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Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to against the debtor and any codebtors”; (3) “ he automatic stay is designed to provide blanket relief from creditor

or should constitute reasonable due diligence for Levinson to uncover defendants’ alleged fraud in light

A replevin action can arise in a number of situations, such as where two or more parties claim a right to possess personal property, but only one has a superior right to that property, or where the property was lawfully withheld but was not released to the person having the greater right to the property. establish that the defendant is in possession of property to which the plaintiff claims a superior right property is no defense to a replevin action: “the plaintiff need only establish a superior possessory right

profits and losses, the ownership of partnership assets, joint management and control, joint liability to creditors Court, relying on the nonbinding letters of intent, Plaintiff and Towler “never even had a contractual right Joint Liability to Creditors and Loans to the Organization The Court found that, under the circumstances , there were no loans made to the alleged partnership, nor was there any joint liability to creditors

distribution pursuant to surplus money proceedings and may go to subordinate mortgagors, borrower’s creditors estate appraiser without an appraisal report to be insufficient to establish value, particularly “in light

The Project was also allegedly backed by certain trade credit policies insuring the Purchased Receivables Soon after, AIPL was placed under judicial management at the request of creditors, with Ernst & Young Finally, plaintiff only learned about defendants’ alleged fraudulent scheme because it came to light

Under the condominium’s by-laws, the sale of any unit was subject to the condominium’s right of first refusal, giving the managers the right to acquire the unit for the contract price. business in the apartment, they would have rejected the defendant’s application and exercised the condo’s right that a triable issue was raised with respect to whether the defendant made any misrepresentation that might

Liability Transaction to enrich himself and his partners, leaving PMNY insolvent and defrauding its creditors

default judgments from being entered against members of the armed services in circumstances where they might absence of a non-military affidavit, is a defendant entitled to vacatur of the default judgment as of right affidavit does not entitle a defendant to vacatur of an otherwise validly entered default judgment as of right To hold otherwise and to grant any defendant the right to challenge a default judgment would permit civilians

a shareholder believes that management or the board engages in wrongful conduct, he or she has the right That right, however, is limited in scope and does not extend to expansive or unsupported document demands Finally, the Court held that plaintiff’s demand for corporate books and records exceeded the scope of rights “Although as a shareholder his right to examine books and records is ‘to be liberally construed’,[17] Finally, Kaye addresses the limits of shareholder inspection rights under BCL § 624.

absences were insufficient to trigger the “Key Man” provision, and that Plaintiffs waived termination rights The “primary purpose of declaratory judgments is to adjudicate the parties’ rights before a wrong actually ” [1]   A “declaratory judgment does not entail coercive relief, but only provides a declaration of rights performance is continued and such timely notice is given, the nonbreaching party does not waive the right Defendants claimed that this prolonged performance constituted a waiver of any termination rights and

Application Does Not Violate the Due Process or Contract Clauses of the United States Constitution or the Right Whether FAPA's retroactive application violates the right to substantive and procedural due process under of whether the retroactive application of FAPA violates both procedural and substantive due process rights Substantive due process is implicated when vested rights are “taken away or impaired.” Procedural Due Process The Court of Appeals a lso found that the lender’s procedural due process rights