Search for: "Matter of Marine Midland Bank"
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E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 12:11 am
(citing Marine Midland Bank, N.A. v. [read post]
E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 5:07 am
(citing Marine Midland Bank, N.A. v. [read post]
26 Oct 2009, 2:03 pm
City of Midland, 932 S.W.2d 679, 685 (Tex. [read post]
8 Jul 2018, 11:09 am
Thus, because James lacked standing to bring a bad faith claim against defendant at the time he brought the Insurance Law § 3420 (a) (2) action, we conclude that the doctrine of res judicata does not bar this action (see generally Hunter, 4 NY3d at 269; Summer v Marine Midland Bank, 227 AD2d 932, 934 [4th Dept 1996]), and defendant's motion insofar as it sought to dismiss the complaint pursuant to CPLR 3211 (a) (5) was properly denied. [read post]
28 Aug 2015, 6:45 pm
The papers submitted in connection with a motion for summary judgment are always viewed in the light most favorable to the non-moving party (Marine Midland Bank, N.A. v Dino & Artie's Automatic Transmission Co., 168 AD2d 610, 610 [2d Dept 1990]). [read post]
10 Oct 2016, 1:14 pm
[do] not fall within the ambit of the statute" (Oswego Laborers' Local 214 Pension Fund v Marine Midland Bank, 85 NY2d 20, 25; see New York Univ. v Continental Ins. [read post]
12 Jun 2007, 9:53 am
Marine Midland, for example, holds that a bankruptcy trustee has no standing to assert claims on behalf of an estate's creditors. [read post]
12 Jul 2010, 5:03 am
., 132 AD2d 296, 303 [1987]; see Marine Midland Bank v Scallen, 161 AD2d 103, 105 [1990]). [read post]
23 Jan 2008, 3:45 am
Marine Midland Bank, N.A., 85 N.Y.2d 20, 24-25 (1995). [read post]
16 Sep 2017, 6:55 am
The papers submitted in connection with a motion for summary judgment are always viewed in the light most favorable to the non-moving party (Marine Midland Bank, N.A. v Dino & Artie’s Automatic Transmission Co., 168 AD2d 610, 610 [2d Dept 1990]). [read post]
7 Jul 2008, 5:11 pm
GULF COAST MARINE ASSOCIATES, INC.; from Harris County; 14th district (14-06-00662-CV, ___ SW3d ___, 02-14-08) [Dissent in 14-06-00662-CV]08-0261 STUART SPITZER, M.D. v. [read post]
16 Sep 2010, 1:22 pm
In Camden:Public nuisance is a matter of state law, and the role of a federal court ruling on a matter of state law . . . is to follow the precedents of the state’s highest court and predict how that court would decide the issue presented. [read post]
5 Jan 2016, 8:32 pm
Moreover, a threat to do what a person already has the legal right to do, in this case, to enforce the law, does not constitute duress (Marine Midland Bank v. [read post]
12 Mar 2020, 6:01 pm
Paul Fire & Marine Ins. [read post]