threatened party could not obtain the goods from another source of supply and that the ordinary remedy of an action An accord and satisfaction “requires the existence of an actual dispute, manifested by a specific demand Pinnacle brought the action to recover the damages allegedly sustained as a result of Slade’s failure It is not an independent cause of action. 

2016, one day before the Securities and Exchange Commission (“SEC”) announced its first stand-alone action to enforce Section 21F(h) of the Securities Exchange Act of 1934 (discussed on this Blog here ), the Anheuser-Busch InBev SA/NV (“AB InBev”) for its alleged violations of the Foreign Corrupt Practices Act ”) and the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act “Threat of financial punishment for whistleblowing is unacceptable,” said Jane Norberg, Acting Chief

previously noted in the Blog, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  Ocwen Loan Servicing, LLC, GMAC’s successor in interest, commenced a foreclosure action against borrower by Ocwen Financial Corporation …, "whose indirect subsidiary is the original named plaintiff in this action

Gittens , a mortgage foreclosure action.  Lender in Gittens , commenced a foreclosure action in which borrower interposed an answer asserting numerous complaint insofar as asserted against the defendants and for an order of reference, those branches were, in actuality rather than eliminating a burden on the Supreme Court, the court's consideration of the second motion actually

Plaintiff commenced an action against WeWork, alleging breach of contract, breach of the covenant of Relying on documentary evidence (i.e., the term sheet) WeWork moved to dismiss all three causes of action Based on these and other issues, supreme court dismissed the breach of contract cause of action. As to the contract cause of action, the Court stated: A term sheet that sets forth the general intent As to the remaining two causes of action, the Court stated: The cause of action based upon breach of

the Subscription Agreement. 11 The Court explained that defendant’s “statements that the parties’ actual Because Offenbach ha no claim for breach of the subscription agreement,” said the Court, “her cause of action for the Court to prevent Defendant from using extra-contractual statements to show that “the parties’ actual

Plaintiff commenced its action seeking damages and injunctive relief against, inter alia , Andrade and In situations where the employer demonstrates that it was not, inter alia , overreaching or acting in

decided, it has been construed to mean that, in the absence of an explicit assignment of a cause of action The motion court dismissed the action with prejudice to the extent it was “based on allegations that In a fraud action, the party alleging fraud must demonstrate reliance on the alleged misstatement or

provision if the liquidated amount is reasonably proportionate to the probable loss and the amount of actual If the predetermined amount of damages “is manifestly disproportionate to the actual” harm suffered, courts will not enforce the provision on the grounds that it is a penalty instead of an estimate of actual If the clause is rejected as being a penalty, the recovery is limited to actual damages proven.” 10 In In 2017, plaintiff commenced the action, asserting causes of action for (1) an accounting, (2) breach

Thereafter, purchaser commenced an action for, inter alia , specific performance of the real estate contract any discovery had taken place, seller moved for summary judgment on the specific performance cause of action

Plaintiff commenced a trademark infringement action against defendant in the United States District Court for the Southern District of New York (the “Federal Action”).  The Court in the Federal Action referred the matter for mediation.  Shortly thereafter, defendant sought to open the Federal Action due to its principal’s “misunderstanding Accordingly, the plaintiff in the Federal Action commenced an action in supreme court to enforce the

CPLR § 3213 Pursuant to CPLR § 3213, “ hen an action is based upon an instrument for the payment of money The Lender commenced an action against the guarantor of one of the guarantees pursuant to CPLR § 3213 obtain judgement as a matter of law pursuant to CPLR § 3213, the movant must demonstrate that its “action