A Penalty If the predetermined amount of damages “is manifestly disproportionate to the actual” harm courts will not enforce the provision on the grounds that it is a penalty instead of an estimate of actual Truck Rent-A-Center , 41 N.Y.2d at 425 (explaining that the “actual loss incapable or difficult of precise If the clause is rejected as being a penalty, the recovery is limited to actual damages proven.” an order that granted defendant’s motion for summary judgment limiting damages on the first cause of action

One West , is the requirement in CPLR 3212(a), that “ ny party may move for summary judgment in any action In December 2010, plaintiff commenced an action to foreclose a mortgage “that was given by defendants was not in possession of the most current note and mortgage at the time of the commencement of the action dismissing the complaint, arguing that the fact that the plaintiff lacked standing to commence the action Here, the defendants appeared in this action by stipulating to the jurisdiction of the court, and waived

On September 4, 2017, Corey Amundson (“Amundson”), the Acting United States Attorney for the Middle District claims” of stock increases; and use pressure tactics to secure immediate investment, such as “You must act

alleging fraudulent inducement is not duplicative of a breach of contract cause of action.” defendants as the first cause of action; breach of contract as the second cause of action; implied and the corporate defendants as the fourth cause of action; fraud as the fifth cause of action; and defamation as the sixth cause of action. of action.”

Under the False Claims Act (“FCA”), the government (or relator) must file a suit not “more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in It began answering that question by noting that “ he text and structure of the False Claims Act, as well certain period of knowledge “by an official of the United States charged with the responsibility to act

declare the law only arises out of, and is limited to, determining the rights of persons which are actually change in circumstances prevents a court from rendering a decision that would effectively determine an actual After informal efforts to resolve defendant’s encroachments failed, plaintiff commenced action and moved By the time that Quinn’s action was commenced, the renovation work was completed and, accordingly, defendant alleging that the defendants were, inter alia, trespassing and injuring her property, took no legal action

15.03 of the Lease provides that: Landlord shall have the right at any time without thereby creating an actual Tenant commenced action against landlord for breach of contract.  In its first cause of action, tenant alleged that landlord failed to timely deliver the premises and, By its second cause of action tenant sought monetary damages due to the failure of landlord to complete Landlord moved for summary judgment dismissing the second cause of action based on the plain language

positive identification of financial exploitation and prevent the disbursement of funds due to suspicious activities

evidenced by our recently announced Share Class Selection Disclosure Initiative, pursuing these types of actions cease-and-desist proceeding finds that Ameriprise violated Sections 17(a)(2) and 17(a)(3) of the Securities Act These actions have resulted in the imposition of significant penalties against the advisers and the return

Plaintiffs brought suit, alleging two causes of action against Braun. In the first cause of action, Plaintiffs claimed that Braun was liable for breach of contract, claiming In the second cause of action, Plaintiffs sought to hold Braun liable for fraud, alleging, among other Braun moved to dismiss the action as against him under CPLR §§ 3211(a)(7) and 3016(b). “However,” held the Court, “this fraud allegation fail to state a cause of action.” Id.

during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action

“In order to establish a cause of action to recover damages for conversion, the plaintiff must show legal   “’It is well-settled that an action will lie for the conversion of money where there is a specific, “Money may be the subject of a cause of action for conversion only if ‘it can be identified and segregated Plaintiff commenced its action and, inter alia, asserted a cause of action sounding in conversion in the comingling of the embezzled funds in the employee’s joint checking account precluded a cause of action