Roberts involved motions to compel arbitration and to stay the action.  Plaintiff sued, asserting causes of action for breach of contract against all defendants pursuant to Plaintiff also asserted causes of action for money had and received and unjust enrichment.

Plaintiff asserted a cause of action against BadaNara for breach of contract for failure to pay rent , a cause of action against the guarantor defendants seeking to recover on the guaranty based on BadaNara ’s breach of the lease, and a cause of action against all defendants seeking attorneys’ fees and expenses judgment against it, granted those parts of plaintiff’s motion seeking summary judgment on the causes of action In an action upon a guaranty, a plaintiff must establish “the existence of the guaranty, the underlying

Haber It is axiomatic that a plaintiff cannot succeed on his or her cause of action if there are no provable After all, damages are “an essential element” 1 of any tort cause of action. 2 This basic tenant of They cite no authority actually supporting this unpersuasive proposition; instead, they rely on cases ” in connection with the $850,000 in fees paid by the LLCs in which LHC had a partial stake. 8 Any action and thus waived their argument that they should be able to do so now.” 13 Takeaway A tort claim is actionable

Stas. v Wolf , 304 N.Y. 332); where defendant had the option to discontinue at any time the activities The various legal actions that proliferated around him fell into three distinct categories, some of which Cohen commenced the action on March 7, 2019. because the Trump Organization’s obligations under such an agreement would be triggered by any new action writing because they “impermissibly ‘extend[] indefinitely” the agreement, are “dependent solely on the acts

and PHH Home Loans (collectively, “PHH”) to resolve allegations that PHH violated the False Claims Act misconduct by returning more than $74 million in wrongfully claimed funds to the government,” said Acting Under the False Claims Act, a whistleblower can sue on behalf of the government and share in any recovery Takeaway The settlements with PHH are notable because False Claims Act investigations of mortgage lenders also involve lender certifications to Fannie Mae and Freddie Mac, a rare instance of the False Claims Act

provides that liens for private improvements can be discharged by, inter alia , failing to commence an action to foreclose the lien within one year of filing (§19(2)), neglecting to prosecute an action to foreclose Thus, Lien Law § 39 provides: In any action or proceeding to enforce a mechanic's lien upon a private of the Lien Law sets forth the penalty for willfully exaggerating a lien and provides: Where in any action Adria liened the project in 2013 and 2015 and commenced an action to foreclose those liens in 2015. 

Plaintiff commenced the action, alleging breach of the Lease and sought recovery of the unpaid rent. denying that part of plaintiff’s motion seeking summary judgment on the breach of contract cause of action

the importance of assigning title to, or ownership in, a claim, when assigning the right to pursue an action Recently, the issue arose in connection with an action alleging, among other things, fraud and negligent Background The action arose out the purchase of RMBS by Fortis Bank (“Fortis”) and certain affiliates

under the Employee Retirement Income Security Act (“ERISA”), alleging self-dealing in the company’s What is a Class Action? A class action is a type of lawsuit in which one or more persons bring an action on behalf of a group Deutsche Bank Americas Holding Corp. questions,” such as “whether each Defendant was a fiduciary” and whether Defendants were conflicted or acting

In a nutshell, the doctrine holds that “ cause of action for fraud does not arise when the only fraud charged relates to a breach of contract.” 1 “To plead a viable cause of action for fraud arising out , as well as the consequences of seeking the same recovery in both the fraud and contract causes of action , plaintiff maintained that defendants induced it to amend the lease and forbear taking enforcement action allege that it sustained damages that would not be recoverable under the breach of contract cause of action

Thereafter, landlord commenced action alleging that tenant breached the lease and guarantor breached

Plaintiff took no action with respect to the valuation until March 2020, when plaintiff brought suit Consequently, argued defendants, since plaintiff did not file her action within the three-year statute