one party and fraud of the other, a court will reform the contract so as to make it conform to the actual The First Department also held that plaintiffs stated a cause of action for reformation of Section 3( Following discovery, defendant moved for summary judgment on the same causes of action. Addressing the reformation cause of action, the Court held that there were issues of fact precluding

When that happens, the court is divested of jurisdiction to conduct proceedings in the action until a Defendant Ashley Duduk (“Duduk”) appeared in the action by answering the complaint in October 2019.

amount owing on all prior liens and encumbrances with interest, plus costs and disbursements of the action

restricts discovery of “materials prepared in contemplation of litigation even if by non-lawyers or lawyers acting It also set forth that Deloitte was assisting “in connection with . . . litigation due diligence activities ” and that its services were solely for internal “use to assist with ... litigation due diligence activities On September 7, 2016, Noven commenced the action, claiming that Novartis refused to disburse more than ) that after its business people chose Deloitte to prepare the valuation for business purposes, the actual

Woods (here), the SEC brought an emergency action against a Ponzi scheme organizer allegedly responsible The SEC announced the action on August 25, 2021 (here).

Ultimately, plaintiff addressed the flooding by taking remedial actions itself after Owner ignored Plaintiff Plaintiff’s actions were successful and the flooding stopped. Thereafter, plaintiff commenced action against Owner “asserting causes of action sounding in negligence In response, Owner, inter alia , brought third-party actions against the Site Contractor and Architect that “not only did the hotel construction fail to cause the flooding, but the building of the hotel actually

judgment in escrow, can file the confession of judgment with a county clerk without having to commence an action Under CPLR § 3218(a),  a judgment by confession may be entered, without an action, either for money due

Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as defendants because Indeed, RPAPL 1311 provides a list of “necessary defendants” in a mortgage foreclosure action.  The purpose of CPLR 1024 “is to permit a cause of action known to exist to be brought against a person He brought a civil action against the officer that arrested him but named him as “John Doe”. 

Sometimes, the fraudsters even impersonate a real investment professional who is actually registered They do so by setting up websites using URL addresses or names similar to those of actual registered Here, the fraudster impersonates an actual person. Once confirmed, investors should verify whether the person they are dealing with is the actual person

email address for Corizon-related correspondence,” sufficed to make the email address relevant to the action

election, President Trump promised to dismantle the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), and the regulations promulgated thereunder. ( Here .) Last year, House Financial Services Committee Chairman Jeb Hensarling sponsored the Financial CHOICE Act , as a road map for the president’s promised effort to repeal the Dodd-Frank Act. the CHOICE Act 2.0 provides more regulatory relief than its predecessor.  

interference with contract against a corporate officer, the complaint must allege that the officer’s acts her employment, or, if within the scope of employment, that the officer personally profited from the acts Moreover, “ pleading must allege that the acts complained of, whether or not beyond the scope of the standard required by the courts: Here, plaintiff has failed to plead sufficient facts to show that Davies acted Tradeco failed to plead such facts ( i.e. , facts demonstrating that Davies acted for his personal profit