will grant a motion for summary judgment if, upon all the papers and evidence submitted, the cause of action motion to demonstrate by admissible evidence the existence of a factual issue requiring a trial of the action Plaintiff commenced action against the corporate defendants and the guarantors for, inter alia , breach or that the cause of action or defense has no merit.  The Court then noted that “ he essential elements of a cause of action to recover damages for breach

The Applicable Law To state a cause of action for trespass to chattels, a plaintiff must allege “(1) or that the plaintiff was deprived of use of the chattel “for a substantial time”. 2 A cause of action for trespass to chattels “overlaps with a claim for conversion”. 3 However, the two causes of action for conversion, rather than the related cause of action for trespass to chattels, where the plaintiff alleges that the defendant actually destroyed the property rather than just interfered with it. 8 NW

An Overview of the False Claims Act and the Whistleblower Reward The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding the government by knowingly presenting, Violations of the Act can result in a judgment equal to three times the losses sustained by the government , the government’s own action was not an “alternate” to pursuing DaSilva’s action, and thus DaSilva had Thus, “a dismissed qui tam suit does not present the government with the choice between acting under

Plaintiff brought the action to recover under an account stated theory for goods sold and delivered to

Plaintiffs commenced the action seeking rescission or reformation of the third modification agreement the modification agreement did not reflect the parties’ meeting of the minds and the terms of their actual The motion court denied the motion as to the first cause of action seeking recission based on mistake or, in the alternative, reformation to reflect the terms of any actual agreement. The motion court granted the motion as to the third cause of action seeking rescission or reformation

Freiberger This Blog frequently addresses issues related to mortgage foreclosure actions, generally, As to the issues relating to the standing of a lender to commence a foreclosure action, this Blog has The lender in a mortgage foreclosure action establishes its standing by demonstrating that it “is the holder or assignee of the underlying note at the time the action is commenced.”  Therefore, such a person would not, inter alia , have standing to commence a mortgage foreclosure action

and emphasized that it summarized “the terms and conditions of a proposed transaction” rather than an actual

The anticipated conclusion of a mortgage foreclosure action is a foreclosure sale.  The Board commenced an action to foreclose its lien. The Buyer intervened in the action and sought the vacatur of the sale and the return of the deposit. 

the agent is acting as a volunteer. 5015 Art Fin. An agency relationship may be based on the actual or apparent authority of the agent to act on behalf Implied actual authority must be based on a showing that the principal “performed verbal or other acts the act on the principal’s behalf.  If a person has no authority to act as an agent, or an agent has no authority to act in a particular

ASG moved to dismiss certain of HOV’s causes of actions and affirmative defenses. With respect to ASG’s motions, the motion court dismissed HOV’s causes of action for fraudulent inducement

Thereafter, plaintiffs commenced the action to enforce their purported contractual rights to purchase Among other causes of action, plaintiffs alleged that the Board breached the contract that was formed

Thus, the Legislature amended CPLR 3212 to provide that: (a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however,