investment scams may tell investors that there are no upfront fees on pre-IPO offerings when they are actually the identity of involved individuals who have red flags in their backgrounds, such as disciplinary actions "> Many of the foregoing red flags were identified in an enforcement action recently filed by the SEC collectively, the “Funds” or the “Max and Elder Entities”) and two entities that operated boiler room type activities

The filing of notices of pendency is typical in mortgage foreclosure actions. In 2015, the lender commenced a foreclosure action and, at the same time, filed a notice of pendency. The borrower defaulted in appearing in the action and the trial court issued an order of reference and First, the Court noted that Innovation failed to move to intervene in the action pursuant to CPLR 1012 the court costs in the form of reimbursement for actual expenses reasonably incurred and reasonable

First Department set forth the elements of a specific performance claim: The elements of a cause of action While money damages in an action at law may “afford a full and complete remedy” to make a plaintiff whole Buyer commenced an action for specific performance.  circumstances here, the buyer does not have a cause of action for specific performance. and unequivocal notice that time was of the essence, (2) gave the buyer a reasonable time in which to act

generally accepted that “the equitable remedy of specific performance is routinely awarded in contract actions Appellate Division, Second Department, affirmed the dismissal of the plaintiff’s specific performance action defendants demonstrated their prima facie entitlement to judgment as a matter of law dismissing the cause of action

According to the indictment, 1 Defendant, a native of India and a member of the Indian-American community “Our investigation shows abused the trust and confidence placed in him by fellow Indian-American community Scherck, FBI Acting Special Agent-in-Charge.

personally liable for the LLC’s debts, obligations, or liabilities solely by reason of being a member or acting arising in tort, contract or otherwise, solely by reason of being such member, manager or agent or acting (or omitting to act) in such capacities or participating (as an employee, consultant, contractor or The motion court also rejected plaintiff’s argument that a provision of the Note, in effect, acted to American Stevedoring Inc. , 105 A.D.3d 178, 183 (1st Dept. 2013). [9] Bakhash v.

Haber In today’s article, we address the question: When is an attorney authorized to act on behalf of Plaintiff commenced an action against BII’s shareholders — including Koukis — to enforce the judgment personal jurisdiction” that was executed by Gil Santamarina, Esq., an attorney who appeared in the action there ‘no basis’ in the record for an inference that Santamarina had authority to represent Koukis in action

Plaintiff commenced an arbitration against defendants before the American Arbitration Association in supporting the alleged scheme to defraud, and that plaintiff named not only the wrong party in its action , holding that the complaint did not allege with factual specificity defendants’ purported improper actions found that, among other things, “[p]laintiff merely allege[d] in conclusory terms that defendants ‘acted fail[ed] to state the elements of a fraud claim.”[2] In New York, the elements of a fraud cause of action

Miglucci , a mortgage foreclosure action decided by the Appellate Division, Third Department, on October The Court in Miglucci determined that the accrual date of a cause of action for the foreclosure of a An action was commenced by the lender in 2016 to collect the unpaid balance due. Thus, the Court noted that “as we have previously held, a cause of action seeking a payment of money of 2016, the action was time-barred.

The advisory firms and broker-dealers involved in the Actions are American Portfolios Financial Services /American Portfolios Advisors Inc., Benjamin F. E.g., American Portfolios (“APFS registered representatives who recommended their brokerage customers written policies and procedures reasonably designed to prevent violations of the Investment Advisers Act American Portfolios and Benjamin Edwards each agreed to pay a civil penalty of $650,000, Securities America

“‘Injury-in-fact has become the touchstone’ and requires ‘an actual legal stake in the matter being adjudicated Approximately one year later, LLC commenced an action for breach of contract and unjust enrichment based the plaintiff, LLC, was not a party to the contract and, therefore, lacked standing to commence the action The Whitson’s Court noted that a “plaintiff may allege a cause of action to recover damages for unjust enrichment as an alternative to a cause of action alleging breach of contract.”

Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or the “Act”) against a company without Section 21F(h) of the Act protects whistleblowers who provide information to the SEC about violations of the securities laws, or violations of any protected activity under the Sarbanes-Oxley Act of 2002 as it had done with IGT, prosecute violations of the anti-retaliation provisions of the Dodd-Frank Act Links: SEC press release SEC Order Section 21F(h) of the Dodd-Frank Act T his article was written by