Sentences with phrase «dismissed at the summary»

In February of 2015, Lynch Schwab successfully had a personal injury lawsuit dismissed at the summary judgment stage.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

In their summary of the change in consensus over the hockey stick, von Storch and Zorita (VZ) at first did not mention our work, then, in light of criticism, they dismissed our contributions as minimal and largely irrelevant.

While this case summary focuses only on the privacy aspects of the arbitrator's award, it is noteworthy that the Grievor's human rights complaint heard at the same hearing was also dismissed.

At trial, The Haunted Hotel moved for summary judgment, meaning that it asked the court to dismiss the case before it even reached trial.

The District Court granted summary judgment after finding that LTL's client has acted correctly and reasonably at all relevant times, and dismissed the lawsuit in its entirety.

The company made an application for summary judgment, seeking to dismiss the claim at the outset or, in the alternative, to strike out portions of the claim.

Representation of national and international accounting firms in securities fraud cases; most dismissed at pleading or summary judgment stage.

In class actions alleging securities fraud, we have won scores of cases for clients on motions to dismiss, class certification, summary judgment and at trial.

According to Tjaden and Karabus, during Hryniak's first year, judges who dismissed summary judgment motions at the Ontario Superior Court chose not to remain seized, or failed to address the issue of being seized, in 60 per cent of cases.

He has won numerous judgments on behalf of municipal police officers and Town officials at both the motion to dismiss and summary judgment stages, and has obtained defense verdicts both at trial and after appeal in the First Circuit Court of Appeals and the Massachusetts Appeals Court.

The appellants submit that while Hryniak modified this court's decision in Combined Air in some respects, it did not disturb this court's instruction, at para. 65, that while the court may use rule 20.05 «to salvage the resources that went into the summary judgment motion,» the rule «should not be applied so as to effectively order a trial that resembles the motion that was previously dismissed....

Create Resume Sara Pender 100 Main Street, Cityplace, CA, 91019 [phone] [email protected] Professional Summary I am a very responsible and hard working individual that doesn't dismiss the task at hand until the job is completed satisfactorily.

Summary judgment motion: In Ontario and many of the provinces, there is a court procedure that can be evoked, asking a motions judge to dismiss an action on affidavit evidence (or oral evidence) and on the facts at a stage where the person moving says a full trial is not needed.

Namazi Real Estate Corp. v. Johnson (243 A.D. 2d 396)-- broker's motion for summary judgment denied and defendant's cross-motion for summary judgment dismissing the complaint affirmed; broker failed to establish they produced a buyer ready, willing and able to purchase the property at terms set by sellers; parties were not in agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date when the defendants would vacate the premises; broker failed to establish that sellers wrongfully or arbitrarily prevented completion of a deal.

Parkway Group Ltd. v. Modell's Sporting Goods (254 A.D. 2d 338)- summary judgment dismissing broker's complaint affirmed; letter agreement between broker and owner providing for commission in the event that a certain sublease was entered into does not, as a matter of law, constitute an exclusive agency or exclusive right to negotiate with all other potential sublessors; broker not the procuring cause of the ultimate lease transaction; purported agreement was not enforceable as it provided for a commission «at a rate to be negotiated,» which amounts to an unenforceable agreement agree; broker also abandoned transaction.

Praedia Realty Corp. v. Durst (233 A.D. 2d 380)- order granting buyer's motion for summary judgment dismissing broker's complaint affirmed; broker was hired by seller to find a purchaser for the premises; contract between broker and buyer will not be implied in fact where facts are inconsistent with its existence; order granting selling broker's motion for summary judgment dismissing broker's complaint affirmed; in the absence of an agreement with the buyer, conduct on the part of selling broker can not be the proximate cause of seller's broker's failure to collect a commission from buyer; broker not entitled to commission where at time broker negotiated selling price, buyer was not ready, willing and able to purchase at the terms set by the seller.

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed