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, “it is necessary to consider the language in the contract, for that is what controls the parties’ rights an illegal lockout proceeding against the property owner, took the position that they both had the right The second was a registration-rights agreement (RRA). may not be exercised in bad faith so as to frustrate the other party’s right to the benefit under the This means that the written terms of the parties’ agreement control the rights and obligations of the

Put simply, the Court was tasked with deciding whether a certain line of credit agreement “constitutes For example, the Agreement created a $800,000 revolving line of credit, of which borrower could have The Court noted that it found no New York case law determining that similar line of credit agreements periodic adjustment of advance limits; and, allows the lender to suspend, terminate or reduce borrower’s right

Among other things, the Agreements granted MTA a “Tag Along” right, which allowed ALTOUR to sell “all or substantially all” of its equity or assets to a third party, which would then trigger MTA’s right Plaintiffs alleged that the 2017 Transaction triggered MTA’s Tag Along Right. Plaintiffs maintained that defendants took steps to prevent plaintiffs from exercising that right. – all the information they needed at the time to assert those rights and avoid the fraud.”[15] The

Apart from giving retailers “guaranteed minimum margins and return rights,” the restructuring also increased advised plaintiff he had resigned from HOC and that HOC had entered into an assignment for the benefit of creditors

The Right to A Jury Trial and Fraudulent Inducement The New York Constitution provides for a right of The right is also codified in CPLR 4101, which provides in part that a jury trial is available in actions Nevertheless, parties to a contract can agree to waive the right to a jury trial. The burden on the challenger is significant because “ he right to trial by jury is a fundamental one, The TCA noted that “ ach party hereby waives any right to a jury trial.”

that is to say, so long as the instrument is one of security, the borrower has in a court of equity a right This right cannot be waived or abandoned by any stipulation of the parties made at the time, even if The right to redeem the equity of redemption can be exercised “at any time before an actual sale under The Court found that the defendant effectively exercised her right of redemption and stated: The Court Accordingly, plaintiff's acceptance of the full amount of arrears without objection waived any right

which she “irrevocably sold, conveyed, transferred and assigned” to Plaintiff all of her “ownership, right Plaintiff’s wife owned the Unit and assigned him all rights and interests in the litigation claims against A derivative action is not based on an individual’s personal rights; rather, it is an assertion of the rights of the corporation by one of its owners. A.D.3d 25, 33 (1st Dept. 2020) (“[a] derivative action proceeds not on the basis of any individual right

New York creditors often look to the Debtor and Creditor Law (the “DCL”), as well as the common law, the debtor transfers assets with intent to defraud or without fair consideration, the DCL provides creditors very conveyance made ... with actual intent ... to hinder, delay, or defraud either present or future creditors Consequently, courts allow creditors “to rely on badges of fraud to support his case, i.e. , circumstances To secure the protections under the DCL, creditors must comply with applicable pleading standards.

it does not conclusively appear that a plaintiff had knowledge of facts from which the alleged fraud might to pay approximately $1.3 billion in cash to SUPERVALU’s shareholders and the balance to SUPERVALU’s creditors final list of investors prior to closing, even though it undisputed that plaintiff had the contractual right to do so to facilitate exercise of its right to veto investors.”

of lien is the statutory method prescribed by which the party entitled thereto perfects his inchoate right Consequently, the Lien Law grants the subcontractor an independent right, separate and apart from a general The Court further recognized that: The lienor’s right to recover is further limited by principles of The subcontractor’s right to recover is derivative of the right of the general contractor to recover, because “subrogation applies to all tiers of subcontractor liens” and, “each party is subrogated to the rights

The lender articulated two vested property rights: (1) its property interest in the mortgage; and, (2 Similarly, the estoppel bar of FAPA’s section 7 does not unconstitutionally impair any property rights In rejecting a claimed vested right in prosecuting the 2022 Foreclosure Action, the Court stated that The lender further argued that its procedural due process rights under the United States Constitution Here, the Court concluded that even if the lender’s contractual rights were substantially impaired, the

contract is made to enforce it against one whose duty it is to pay” or perform. “ party asserting rights A third party’s right to enforce a contract arises “when the third party is the only one who could recover of whether a person is a third-party beneficiary of a contract raises questions about the person’s right As discussed, a third party’s right to enforce a contract arises “when the third party is the only one Investopedia, “Third-Party Beneficiary: Meaning and Rights” (June 30, 2022) ( here ).