Sentences with phrase «for willful failure»
2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate
http://www.nysar.com/ Not exact matches
Mr. Park was arraigned (Tuesday) afternoon before Judge William F. Ames of the Cortland County Court on 8 felony counts of Falsifying Business Records and Filing False Unemployment Insurance Contribution Returns with the State and 7 misdemeanor counts including Endangering the Welfare of a Child, Illegal Hours of Work for Minors, Prohibited Employment of Minors, and the Willful Failure to Pay Unemployment Insurance Contributions.
Mr. Park was arraigned before Judge William J. Foley in Homer Town Court on 8 felony counts of Falsifying Business Records and Filing False Unemployment Insurance Contribution Returns with the State and 7 misdemeanor counts including Endangering the Welfare of a Child, Illegal Hours of Work for Minors, Prohibited Employment of Minors, and the Willful Failure to Pay Unemployment Insurance Contributions.
If the student did not register and is past the age of doing so (18 - 25), and the school determines that the failure to register was knowing and willful, the student is ineligible for all federal student financial aid programs.
It is not responsible for tasks that are not directed by an attorney and is not responsible for any attorney or other legal professional user's failure to meet professional obligations to an attorney's client, whether the failure to meet the obligations is negligent, reckless, willful, wanton or in bad faith or any and all errors or omissions of the attorney.
The comments in the Proposed Rule listed examples of willful neglect as: (1) disposal of a hard drive in an unsecured dumpster where the covered entity failed to implement policies and procedures to safeguard PHI during the disposal process; (2) failure to respond to an individual's request for restriction of the uses of PHI where the covered entity did not have any policies and procedures in place for consideration of the request for restriction; (3) a covered entity's employee loses a laptop that contains unencrypted PHI and the covered entity feared for its reputation if the incident became public and decided not to provide the appropriate notification.7
Examples of «willful neglect» from the comments in The Federal Register help define the term: (1) disposal of a hard drive in an unsecured dumpster where the covered entity failed to implement policies and procedures to safeguard PHI during the disposal process; (2) failure to respond to an individual's request for restriction of the uses of PHI where the covered entity did not have any policies and procedures in place for consideration of the request for restriction; (3) a covered entity's employee loses a laptop that contains unencrypted PHI and the covered entity feared for its reputation if the incident became public and decided not to provide the appropriate notification.5 In each of the examples, the covered entity had actual or constructive knowledge of the violations.
Since the Recreational Property Act applied to the land at issue, the pertinent question was reduced to whether there was a genuine issue of material fact as to whether the exception for a willful or malicious failure to guard or warn applied.
Thus, the trial court had not abused its discretion by finding that Augmentation's failure to pay for Harris» medical treatment was willful and contumacious.
The FinCEN action against XRP II LLC (Ripple) took many by surprise early last month, although many in the Bitcoin community were not shocked to see an organization with such close ties to a digital token face backlash for «willful violations» of the Bank Secrecy Act (BSA) and failure to implement appropriate anti-money laundering (AML) procedures.
(If, however, the father meets one of the state's tests for presumed fatherhood, you'll need either to obtain the father's consent to the adoption, or to have his rights terminated by proving abandonment, willful failure to support the child, or parental unfitness.)
From a legal perspective, the property manager's inaction could not be justified, and his willful failure to repair the known defect resulted in his being liable for the injuries received.
Renee Despins Realty, Inc. v. Roberts (1 A.D. 3d 211)- broker's exclusive brokerage agreement with owner provided for commission for the sale of a condominium upon closing of title or a willful failure to close; brokerage agreement excepted named buyer from exclusive agreement; named buyer purchased the property during the term of the exclusive; dismissal of broker's complaint unanimously affirmed where brokerage agreement expressly excepted the purchasers from its operation
Gumley Haft Kleier, Inc. v. Bildirici (301 A.D. 2d 390)-- no commission was due under brokerage agreement providing that a commission «shall be payable at closing of title» but that seller would be liable for a commission if the transaction did not close if the failure to close was attributable to seller's willful default; sale did not occur as a result of the buyer stopping payment on his deposit check and refusing to proceed to closing and therefor failure to close was not the consequence of any willful default by seller.