The distinction between common-law indemnification and contribution is important, though its application is often difficult to navigate. Glaser v. Fortunoff, 71 N.Y.2d 643, 646 (1988) (noting, “the distinction [between the …
Courts do not hesitate to dismiss fraud claims when they are merely contract claims “dressed in the garb of a fraud count.” Songbird Jet Ltd., Inc. v. Amax Inc., 581 …
A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a judgment in its favor, by a holder of shares or of voting …
The Securities and Exchange Commission (“SEC” or “Commission”) ended the Government’s fiscal year with a flurry of proceedings and settled actions. In addition to the settled actions against Tesla Inc. …
Typically, a mortgage on real property is delivered to stand as security for the repayment of an obligation evidenced by a promissory note. A mortgage is an encumbrance on real …
The date on which parties to a real estate contract must close is frequently subject to litigation. Sometimes real estate contracts provide for a closing date that is “time of …
Goldman Sachs Group, Inc. (“Goldman Sachs” or the “Company”) is requesting that wrongful termination claims brought by a former executive alleging whistleblower retaliation by the Company should be heard in …
This Blog has addressed numerous issues relating to mortgage foreclosure actions. [HERE][HERE][HERE][HERE][HERE][HERE]. “The Second Department Denies Summary Judgment To Another Foreclosing Mortgagee Due To The Insufficiency Of Evidence Presented On …
Last month, this Blog examined the common interest exception to the attorney-client privilege. (Here.) As discussed in that post, the presence of a third party will not destroy a claim …
As a general matter, business entities (e.g., for-profit and not-for-profit corporations, limited liability companies, and limited partnerships) formed outside the State of New York (whether in another state or a …
