Under well-settled principles, summary judgment in lieu of complaint is available for an instrument for the payment of money only. In considering such a motion, the courts will look at …
Corporations are legal entities distinct from their managers. As such, like any shareholder or investor, a corporation can buy shares in another corporation. When a corporation buys enough voting shares …
This Blog frequently addresses issues involving mortgage foreclosures in New York. [HERE], [HERE] [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE],. …
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) to combat illegal and fraudulent conduct on Wall Street and promote compliance with the …
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — …
When parties enter into contracts, they generally do so with the expectation of receiving the benefits of their respective bargains. Hopefully, these expectations are realized when all parties perform. A …
March 2021 has been a busy month for the Enforcement Division of the Securities and Exchange Commission (“SEC” or “Commission”). Since our last Enforcement News article (here), the SEC has …
Fraud in the sale of securities. Such an allegation is often governed by an arbitration clause, requiring the parties to resolve their dispute before a FINRA tribunal. Not all investment …
The nature of the equitable remedy of specific performance as related to litigation concerning real estate contracts has been explained by this BLOG [here] and also addressed, inter alia, [here] …
Today, we examine Two Rivers Entities, LLC v. Sandoval, 2021 N.Y. Slip Op. 01527 (1st Dept. Mar. 16, 2021) (here), a case involving breach of contract and the faithless servant …
