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11 Jun 2014, 7:00 am
Practice Tip: Defendants who fail to appear run a significant risk of having a default judgment entered against them. [read post]
20 May 2023, 11:00 pm
” Given that the default “was neither inadvertent nor trivial,” the AT1 could find no basis to modify the underlying determination.The tenant’s contention that the default notice was “void,” because it violated a then applicable COVID related Executive Order, was rebuffed for having been raised for the first time in a reply brief (and the landlord had not been given an opportunity to respond). [read post]
23 Feb 2023, 10:00 pm
Summers was sued by the State of New York for unpaid charges related to her college studies at SUNY Fredonia.In November 2011, when she failed to respond to the summons and complaint, a default judgment was entered against her for $10,010.27.Some ten years later, Summers moved to vacate the default, but an Albany County State Supreme Court Justice declined that request. [read post]
24 Jun 2013, 6:46 pm
"If the spouse defaults in filing such election within the time provided in subparagraph (d)(1) of this paragraph, the surrogate's court may relieve the spouse from such default and authorize the making of an election . . . provided that no decree settling the account of the personal representative has been made and that twelve months have not elapsed since the issuance of the letters" (EPTL 5-1.1-A[d][2]). [read post]
8 Oct 2015, 2:55 pm by Michel-Adrien
The Alberta Law Reform Institute has issued its final report on Matrimonial Property Act: Valuation Date.The Matrimonial Property Act (MPA) in Alberta sets out the default rules that govern the division of spouses’ matrimonial property after separation and divorce. [read post]
16 Jan 2018, 6:40 am by Goldstein Law Firm
” A for-cause termination involves ending the relationship based upon a default under the franchise agreement, most commonly the franchisee’s failure to pay royalties. [read post]
20 Mar 2014, 5:49 pm by Mack Sperling
Default rules are rules that “parties can contract around by prior agreement. [read post]
29 Oct 2024, 9:00 am by Dennis Crouch
After OnAsset defaulted in 2013, the security agreement gave Main Street significant rights, including the ability to "sell, assign, transfer, pledge, encumber or otherwise dispose of the Patents. [read post]
3 Nov 2020, 12:05 am
"If the Governor’s office does not renew the October Executive Order, some 14,800 NYC tenants may potentially be at risk of being held in default in any pending non-payment cases. [read post]
24 May 2017, 2:06 pm
If you file a motion to set aside a default judgment, and you do so within 30 days after the default date, generally, the judge will be amenable to reopening the case. [read post]
28 Jul 2015, 11:32 am
" The appellate ruling concludes that the circuit court erred in granting the summary judgment for eviction because the landlord's property manager acknowledged in his deposition that most of the alleged defaults or violations of the lease had, in fact, been corrected, and the affidavits provided by both parties raise issues of material fact about the occurrence of the alleged defaults and Atria's curative acts within the terms of the lease. [read post]
19 Jun 2013, 3:13 pm by Jon Sands
The state procedural bar thus supported federal procedural default. [read post]
3 Nov 2020, 12:05 am
"If the Governor’s office does not renew the October Executive Order, some 14,800 NYC tenants may potentially be at risk of being held in default in any pending non-payment cases. [read post]
25 Jul 2018, 7:34 am by John Jascob
The default level for position limits for SFPs have not changed over time, but those on security options have, which has allowed position limits for security options to be set at a higher default level, potentially placing SFPs at a competitive disadvantage. [read post]
16 Sep 2009, 2:29 am
"This overlaps with but is also partly distinct from (and a complement rather than an alternative to) Bruce Bartlett's explanation, noted by me here, of why the U.S. is likely to default. [read post]