The Board of Managers of the Condominium Association commenced an action to foreclose its lien on the The condominium lien was sold to Plotch, who received a referee’s deed indicating that the deed was subject judgment and dismissal of the foreclosure complaint for lack of personal jurisdiction as a matter of law with CPLR 308(2)’s mailing requirement is a jurisdictional defect warranting a finding as a matter of law

provisions to protect SEC whistleblowers who blow the whistle on violations of the federal securities laws protected under the Sarbanes-Oxley Act of 2002,’” the Securities Exchange Act of 1934, and “‘any other law enforcement or regulators, including the SEC, about the alleged securities law violations. holding investors’ money hostage until the investors signed agreements preventing them from seeking law protections broadly protect not just employees, but anyone who seeks to report potential securities law

ACTION UNDER RPAPL 1501(4) , we discussed provisions of New York’s Real Property Actions and Proceedings Law that permit a mortgagor to remove, of record, the lien of a stale mortgage on real property. New York’s Real Property Law contain a similar provision that permits the court to cancel certain recorded instrument in writing relating to such real property or interest therein, other than those required by law The Second Department found that supreme court erred in relying on principals of contract law to resolve

insufficient assets, satisfying elements of a fraudulent transfer under both New York and Colorado law GGI and ORRA would invest in the Project as co-owners but anticipated additional financing via first-lien of the Colorado Uniform Fraudulent Transfer Act § 38-8-109(2) and the New York Debtor and Creditor Law Defendants argued that Colorado law applied, though the result would be the same under New York law.

especially so given the perception that the federal courts “have a greater familiarity with securities law Note: CPLR § 2201 provides that, “ xcept where otherwise prescribed by law, the court in which an action Cal. 2011) (staying state law claims under the Colorado River Doctrine while allowing 1934 Act claims litigation; (4) the order in which jurisdiction was obtained by the concurrent forums; (5) whether federal law or state law provides the rule of decision on the merits; (6) whether the state court proceedings are

arbitration award are narrowly construed.[3] It will be upheld even when the arbitrator makes errors of law where [the] court can conclude, without engaging in any extended fact-finding or legal analysis, that a law arbitration, or where the award itself violates a well-defined constitutional, statutory, or common law (i.e., manifestly disregarded the law)[24] “relevant to the subcontract’s no-oral-modification clause (citations omitted). [24] On July 23, 2025, this Blog examined the manifest disregard of the law doctrine

“Law of the case” is a phrase that litigators use all of the time, often without thought or explanation But what is the law of the case doctrine? And, when does it apply? The law of the case doctrine is part of a larger group of related concepts – i.e. , res judicata (claim Like res judicata and collateral estoppel, the law of the case doctrine contemplates that the parties By contrast, the law of the case doctrine is not found in any statute.

In 1975, the New York Legislature adopted Article 9 of the Civil Practice Law and Rules (“CPLR”) to replace of all members, whether otherwise required or permitted, is impracticable”, (b) common questions of law themselves and those similarly situated, claiming violations of, among other things, New York Labor Law found that counsel was more than qualified to serve as class counsel, having “practiced employment law .3d 534, 536 (1st Dept. 2011) (class action vehicle superior to administrative remedies under Labor Law

committed no wrong, but by virtue of some relationship with the tort-feasor or obligation imposed by law Bridges Assocs. , 75 N.Y.2d 680, 690 (1990) (internal citations omitted). “ he key element of a common-law The Court granted the motion as to the common-law indemnification claim. The Court’s Decision In dismissing the cross-claim for common-law indemnification, the Court agreed Thus, “ ince the predicate of common-law indemnity is vicarious liability without actual fault on the

reversing the court below and dismissing plaintiff’s complaint which sought to foreclose a mechanic’s lien The plaintiff filed a mechanic’s lien and commenced and breach of contract action against the defendant

Under Federal law, the government is prohibited from restricting the free speech of its employees without In a May 14 letter, the OSC reported that although this specific CDC/HHS policy did not violate any laws Now, the HHS and the Justice Department, which was also caught in violation of whistleblower laws, have

The plaintiff filed a mechanic’s lien against the property and, subsequently, filed a complaint and [This blog has discussed mechanic’s liens < here =">here</a>"> , < here =">here</a>"> , < here =">here