Plaintiff commenced the underlying action for the return of the Down Payment. 

ASV commenced the action for breach of contract, alleging that Sterling breached the 2015 EULA by (1) “A cause of action may be dismissed under CPLR 3211 (a) (1) ‘only where the documentary evidence utterly Under the Statute of Frauds, “ he doctrine of part performance may be invoked only if plaintiff’s actions Anostario , 59 N.Y.2d at 664. “ he actions alone must be ‘unintelligible or at least extraordinary,’

It is not uncommon for plaintiffs to assert breach of contract and fraud in the same action. Quick Primer of the Law “A cause of action for fraud does not arise when the only fraud charged relates “To plead a viable cause of action for fraud arising out of a contractual relationship, the plaintiff Plaintiff commenced the action against New York Tire Factory, Inc. In its first cause of action, plaintiff alleged breach of contract by Tire Factory.

certain properties to plaintiff aving accepted the benefits of the agreement before commencing this action pursuant to the explicit terms of the underlying mortgage loan agreement did not rise to the level of actionable

In its amended complaint, Stonehill added a cause of action for unjust enrichment and demanded $1.5 million summary judgment, and granted Stonehill’s motion for summary judgment on the breach of contract cause of action The Court concluded that “based on the totality of the parties’ actions and communications, … they agreed inclusion in an auction bid form of such formulaic language that the parties are “subject to’ some future act ‘Most conditions precedent describe acts or events which must occur before a party is obliged to perform

CA Technologies ("CA") has agreed to pay $45 million to resolve allegations under the False Claims Act ensure that contractors deal forthrightly with federal agencies when seeking taxpayer funds,” said Acting What is the False Claims Act? The False Claims Act ("FCA") is a federal law that prohibits businesses or individuals from knowingly If you are aware of a violation under the False Claims Act, an experienced attorney can help you understand

Commencement papers in commercial and residential mortgage foreclosure actions must include the following

In order for a tort claim to be actionable, there must be “a legal duty independent of the contract” to recover damages for negligence and fraud in an otherwise contract action. Plaintiff asserted causes of action for, inter alia , breach of contract, negligence, and fraud. The Court found that the allegations upon which the fraud cause of action “were based were the same as those underlying” the breach of contract cause of action “and amounted to nothing more than a failure

Breach of Contract The elements of a cause of action for breach of contract are (1) the formation of The Court said that “even absent additional action by plaintiff, SG Blocks would have enforceable legal However, “ ince the predicate of common-law indemnity is vicarious liability without actual fault on the part of the proposed indemnitee, it follow that a party who has itself actually participated to Phipps’ liability in the main action, said the Court, would be primary not secondary. Id.

For example, RPAPL 1304 requires that at least ninety days prior to commencing legal action against list of approved housing agencies that provide free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  ," HERE=">HERE</a>"> RPAPL 1303 , requires that the plaintiff in a residential mortgage foreclosure action RPAPL 1303 notice is critical because it “is a condition precedent to the commencement of a foreclosure action

In prior posts, we examined Securities and Exchange Commission (“SEC” or “Commission”)   enforcement actions These actions had a common thread between them – they involved pump and dump schemes. because he failed to disclose the extent of his financial stake in the company and the fact that he was actively

10, 2017, the Securities and Exchange Commission (“SEC”) announced the settlement of an enforcement action The SEC found that Barclays violated Sections 206(2), 206(4) and 207 of the Investment Advisers Act of 1940 and Rule 206(4)-7, as well as Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933.