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Search results for "americans with disabilities act"

1393 results found for "americans with disabilities act"

  • New York Court of Appeals Analyzes Third-Party Beneficiary Status in Construction Cases

    harmless’ DASNY and the ‘Client’ (that is, OCME…) from any claims arising out of Perkins’ negligent acts

  • Usury

    Upon defendants’ default, plaintiff commenced a mortgage foreclosure action, which was defended on the

  • When Dissolution under BCL § 1104-a is Unavailable, Common Law Dissolution May Do the Trick

    holding, “ lthough there is no explicit statutory authority for the relief of dissolution sought in this action Therefore, whether the minority shareholder’s “own acts, made in bad faith and undertaken with a view (“Corporation”), a closely-held corporation, commenced the action against Robert E. Approximately three years after the action was commenced, Defendants jointly moved for, inter alia , Corporation’s funds “to pay for attorneys’ fees and other professional service fees related to this action

  • Forum Selection Applies To Dispute Even As to Non-Signatories Under the “Close Relationship” Doctrine

    Dec. 14, 2021) ( here ), the Appellate Division, First Department affirmed the dismissal of an action In response, in September 2019, plaintiffs filed the action in New York. In October 2019, Westermann filed an action in Colmar, France to recover his unpaid compensation and , and alternatively under the doctrines of prior action pending and forum non conveniens. Audio Active Ltd. , 494 F.3d 378, 383, 386 (2d Cir. 2007). See ComJet Aviation Mgt. v.

  • Absence of Shareholder Standing Negates Right to Recover Attorney’s Fees for Derivative Settlement

    What is a Derivative Action? In contrast, shares that are obtained through some deliberate act, such as by gift or contract, do not with respect to acts that occurred after they became shareholders), , 8 N.Y.2d 430 (1960); , 65 N.Y.S because he lacked standing to bring the action. , 2017 N.Y. However, Sakow asserted that he had standing to initiate the derivative action because he was acting

  • FINRA Expungement

    licensing process. 1 The CRD includes information about criminal matters, regulatory disciplinary actions , civil judicial actions, and information relating to customer disputes, such as customer complaints, FINRA) that provides investors with information regarding a broker’s employment history, regulatory actions critical source of regulatory information to help inform examinations, investigations, and disciplinary actions disclosure information that is relevant to regulators in connection with their licensing and enforcement activities

  • Question Of Arbitrability Is For The Arbitrator, Not The Court, When Required By The Agreement To Arbitrate

    National Union Fire Ins. , 26 N.Y.3d 659, 675 (2016) (quoting American Express Co. v Italian Colors Restaurant parties’ agreement to have the arbitrator decide issues of arbitrability, and they will not stay an action were to be resolved by a single arbitrator in accordance with the commercial arbitration rules of the American

  • Contracts That Say What They Mean, Mean What They Say Redux

    exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity explained that the clause was clear and unambiguous and that, as such, “Plaintiff’s first cause of action defendant’s failure to negotiate and pay a broker’s fee” did not rise to the level of fraud, criminal activity

  • Settlement By Email – Timing is Everything

    They do so while a motion to dismiss the action (or a motion for summary judgment) is pending. definitive agreement that memorializes their settlement, the court decides the motion and dismisses the action (together, “Sea Crest”) agreed to settle the underlying personal injury action for $275,000. had been granted and the action had been dismissed. s decision on the summary judgment motions,” and had authorized Sea Crest’s attorney “to settle the action

  • Contracts that Say What They Mean, Mean What They Say

    Notably, defendants did not argue that plaintiff failed to provide assistance or that they did not actually

  • Contract Forum Selection Clause Trumps Arbitration Requirement In U-4

    FINRA was formed in 2007, pursuant to Section 15A of the Securities Exchange Act of 1934 (“Exchange Act firms, at a customer’s request, to arbitrate disputes that arise in connection with their business activities member or an associated person of a member; and The dispute arises in connection with the business activities Under Rule 13200, disputes between Member firms and Associated Persons arising out of the business activities Hwang moved to stay the arbitration and Mirae cross moved to compel arbitration and stay the action pending

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