petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action 120 days after the commencement of the action. receive service, and making no effort to learn the identity of the current officers, plaintiff failed to act

that are tailored to the specific needs of their courts and the public health conditions demanding action

In prior articles, we have examined enforcement actions (and settlements thereof) brought by the Securities Those actions involved micro-cap companies and the products they claimed to offer to address the pandemic As we noted in those articles, there was a common thread between the actions – they involved pump and The action represents the first time the SEC has charged a large public company for misleading investors By at least March 23, 2020, said the SEC, the company was actively seeking additional liquidity through

The Board was created as part of the Sarbanes-Oxley Act of 2002 in response to the accounting scandals In a parallel action, the U.S. “KPMG took swift and decisive action, including the engagement of outside legal counsel to conduct a

“A cause of action for fraud does not arise when the only fraud charged relates to a breach of contract “To plead a viable cause of action for fraud arising out of a contractual relationship, the plaintiff its contract cause of action. of the cause of action for breach of contract.” to plead the cause of action in the alternative pursuant to CPLR 3014.”

In November 2016, plaintiff commenced the underlying action to enforce the liquidated damages provision A significant issue in the action was whether the damages provision should be “measured against defendant A provision which requires damages ‘grossly disproportionate to the amount of actual damages provides to present evidence that the undiscounted accelerated rent was disproportionate to the landowner’s actual Thus, explained the dissent, “ t is irrelevant that Columbia’s actual damages … may ultimately be different

As a result, First Franklin commenced a foreclosure action. On March 20, 2019, Nereid 2028 filed an order to show cause in the foreclosure action, seeking to set Takeaway An action under former DCL § 276 requires proof that the transferor actually intended to hinder

(“RR Office”), commenced the action on June 17, 2013 against one the defendants, Multiplan, Inc. (“Multiplan”), a preferred provider organization, alleging causes of action for breach of contract, breach granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action teaches that in order to breach the implied covenant of good faith and fair dealing, one party must act Rayham learned this lesson the hard way – the Defendants acted consistent with the terms of the Beech

plaintiff had stated a claim for breach of contract and fraudulent inducement and that the causes of action The Court held that these allegations stated a cause of action for willful breach of contract. As a result, the Court denied Bay Shore’s motion to dismiss the first cause of action for breach of contract The Court noted that the alleged misstatements relating to the cause of the shutdowns were also actionable is not duplicative of the breach of contract cause of action because Walleye alleges a duty separate

A motion by the defendant under this subdivision does not constitute an appearance in the action. Further, “ t is not necessary for a plaintiff to actually obtain a default judgment within one year of Gross , 139 A.D.3d 772 (2 nd Dep’t 2016), was a mortgage foreclosure action.   There was no evidence that the plaintiff intended to abandon the action.  , which were revised while the action was pending.

York City Housing Court” and the upcoming city-wide expansion of the system’s e-filing “program for actions

prejudgment order of attachment increases the likelihood of recovery on a later-obtained judgment in the action defendant has concealed or is about to conceal property in one or more of several enumerated ways, and has acted or will act with the intent to defraud creditors or to frustrate the enforcement of a judgment that demonstrate, with evidence, that the defendant has concealed or is about to conceal property, “and has acted or will act with the intent to defraud creditors, or to frustrate the enforcement of a judgment that