However, the Court decided not to terminate the lease because the tenant acted in good faith in bringing the declaratory judgment action.  The tenant did not obtain a temporary restraining order until after the landlord acted.  The Riesenburger landlord commenced an action seeking a judgment of possession.  default notice, a notice to cure or is otherwise threatened with the termination of its lease, must act

businesses can find protection from the misappropriation of trade secrets in the Uniform Trade Secrets Act In addition to trade secrets, New York courts recognize a cause of action for the misappropriation of A “ ack of novelty in an idea is fatal to any cause of action for its unlawful use.”

The Trust commenced the action on October 17, 2017, alleging three contractual causes of action: (1) “In doing so, disproportionate emphasis is not to be put on any single act, phrase or other expression

As the name suggests, a notice of pendency puts the world on constructive notice that an action has been or incumbrance is recorded after the filing of the notice is bound by all proceedings taken in the action Article l3 of the RPAPL governs mortgage foreclosure actions.  U.S Bank is a mortgage foreclosure action with a rather tortured history.  cancelled a notice of pendency in a prior action. 

direct claims is grounded upon the principle that a stockholder does not have an individual cause of action independent of any duty owing to the corporation.” 1 Sometimes, the distinction between the two types of actions the stockholders, individually).” 5 “The pertinent inquiry is whether the thrust of the plaintiff’s action

According to plaintiff, after it agreed to operate the concession, it discovered that the kitchen was not actually Plaintiff alleged six causes of action – (1) fraudulent inducement (against defendants Otway, the bar made to plaintiffs, whether such representations induced plaintiffs to purchase the house, what the actual

Big Yuk Chiu was an action to recover on a guaranty. the applicant to satisfy the more stringent standard of due diligence under CPLR 308(4 ) nor make an actual of service be ‘reasonably calculated, under all the circumstances, to apprise’ the defendant of the action showed that he followed the document trail in front of him and that defendant fully aware of this action

Cuesta , a mortgage foreclosure action addressing pleading amendments.  The underlying paper was assigned to plaintiff, who commenced a foreclosure action in April of 2016, CPLR 3408 requires a lender in residential foreclosure actions involving “home loans” to file proof of it “need only determine whether the proposed amendment is palpably insufficient to state a cause of action

jurisdiction of the court.’” 5 Service “is invalid if the service address is not, in fact, the defendant’s actual complaint pursuant to CPLR 308(4) by affixing a copy of the summons and complaint to the door of his actual 221 AD2d 613), or where he engaged in conduct calculated to prevent the plaintiff from learning his actual

In a parallel action, the Federal Reserve Board announced settled enforcement actions against EagleBank

In June 2015, the ISC released a white paper outlining the timeline and industry-level actions required increasingly obvious that the outdated T+3 settlement cycle is no longer serving the best interests of the American people,” said SEC Acting Chairman Michael Piwowar. 

requiring “full disclosure of all matter material and necessary in the prosecution or defense of an action There, a privileged document was exchanged among counsel for several co-defendants in a civil action, representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action The co-defendant was at the time acting as an interpreter between the defendant and his attorney. that the positions of separately-represented clients will be aligned such that the attorney for one acts