Sentences with phrase «issues of fact»

The United States District Court for the Northern District of Georgia denied Fannie Mae's motion for judgment and allowed the lawsuit to continue because there were issues of fact that needed to be resolved.

Thus, the court reversed the rulings on the tortious interference with prospective economic advantage allegations and sent the case back to the trial court to resolve these issues of fact.

Thus, the court found that issues of fact remained regarding reasonable accommodation and denied summary judgment on this matter.

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

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

Town & Country Southampton, Inc. v. Grey (299 A.D. 2d 541)-- to recover a commission, a broker must establish that he or she is duly licensed, that he or she has a contract, express or implied, with the party charged with paying the commission, and that he or she was the procuring cause of the sale or lease; broker's unsupported and conclusory allegation of bad faith failed to raise triable issues of fact where defendant's made prima facieshowing of entitlement to judgment as a matter of law on the ground that neither the broker or its agent was a procuring cause of the lease.

Sholom & Zuckerbrot Realty Corp. v. Citibank (205 A.D. 2d 336) alleged oral brokerage agreement not within Statute of Frauds (GOL § 5 - 701 [a][10]-RRB-; summary judgment in favor of Citibank reversed and broker's motion for certain discovery granted; issues of fact are raised as to whether binding oral brokerage agreement existed (notwithstanding that bank did not own property, its position was enhanced as mortgagee).

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized

New Spectrum Realty Services, Inc. v. Weiser (273 A.D. 2d 172)- summary judgment for broker reversed; contract offered by proposed purchaser contained several terms which deviated from owner's offer of sale; issues of fact exist as to whether or not owner's unilateral efforts defeated the sale

Mavco Realty Corp. v M. Slayton Real Estate, Inc. (12 A.D. 3d 575)- triable issues of fact exist as to whether or not corporate broker was licensed at the time the services which formed the consideration for the claimed commission were rendered; a broker who is unlicensed when services were rendered can not recover commissions; triable issues of fact exist as to whether two individual defendants were licensed brokers at the time services were rendered

Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed; material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.

Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with contract where defendant submitted sufficient proof by affidavit of its director of real estate which averred that it did not intentionally seek the procurement of the breach of contract and where broker failed to present sufficient evidence to raise triable issues of fact

Dissent argues such promise raise triable issues of fact as to the existence of an oral agreement.

Dagar Group, Ltd. v South Hills Mall, LLC (12 A.D. 3d 552)- triable issues of fact exist where brokerage agreement required lease to be signed and delivered by date certain and where no lease was signed and delivered by required date; broker raised triable issues of fact with respect to whether principles were responsible for the failure of that condition by delaying execution of the lease; possession by one party of a right to cancel the lease after it has been executed does not defeat the broker's claim to its commission

Worldnet Real Estate, Inc. v. Suchow (19 A.D. 3d 982) broker's motion for summary judgment denied; issues of fact exist as to whether broker complied with his obligation under the listing agreement where the broker showed the property to a prospective buyer who thereafter informed the seller that they would not work with the broker and the seller thereafter terminated the listing agreement «for cause».

Fried v. David Berry Realty (17 A.D. 3d 405) brokerage agreement entitled broker to a commission when there is a meeting of the minds and a tenant was procured who was ready willing and able to lease upon the owner's terms; lease procured directly by owner conditioned lease upon obtaining operating certificates from the New York State Department of Health and the New York State Office of Mental Health; there was nothing in the record to indicate that approval by NYSOMH, which was denied, was a «term» imposed by owners and therefore triable issues of fact exist as to whether the broker's commission was earned.

Thus, the Tenant argued that these were issues of fact which should have been resolved by a jury.

The California Court of Appeal found that there were triable issues of fact and remanded the case on the issue of whether a decade - old multiple murder had a significant effect on the market value and the seller's awareness of the effect.

In response to these outstanding legal issues the CR Review recommended that the tribunal and parties be encouraged to make greater use of the provisions of the Native Title Act and of the Federal Court Rules such as Order 29 rule 2 to refer particular issues of fact and law to the court for determination.

the referral of discrete issues of fact or law arising in the context of NNTT mediation to the Federal Court for determination pursuant to ss.86 D and 136D (1) of the Act (see also Division 3 of Order 78 of the Federal Court Rules),

[26] The powers of the Tribunal to refer issues of fact and law or the question of whether a party should cease to be a party to the Court have not been used.

If there are no issues of fact in your case, and you are arguing with your spouse over whether an undisputed set of facts justifies setting aside your agreement, you may have a summary hearing, where the court reviews pleadings and affidavits and makes an order based upon the evidence in the case file.

In assessing the adequacy of a jury charge, the Court of Appeal must ask if the jury would have understood the issues of fact, the relevant legal principles, how the facts relate to the law, and the positions of the parties based on the trial judge's remarks.

The procedural requirements in England are set out in CPR Pt 19.10, which provides that a GLO may be made for the case management of claims giving rise to «common or related issues of fact or law».

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and factual issues.

- It is even more exceptional to exercise the discretion where fresh issues of fact would have to be investigated.

It was best that the issues of fact be determined on the basis of a return to the writ.

Where there is a need to resolve contested issues of fact, especially those connected with a threshold issue, such as entitlement, it becomes less advisable to order interim support: L.G.B.

This order applies to claims which give rise to the following common or related issues of fact or law (which issues may fall to be amended at a later date):

(2 other common or related issues of fact or law are included.)

Claims and Counterclaims which raise any one or more of the issues of fact or law set out in the schedule 2 to the Order.

For example, judges presiding in drug courts and monitoring the progress of participants in those courts» programs may be authorized and even encouraged to communicate directly with social workers, probation officers, and others outside the context of their usual judicial role as independent decision makers on issues of fact and law.

To follow common or related issues of fact or law in respect of the alledged liability of the National Coal Board and / or British Coal Corporation (NCB / BCC) their successors the Department for Trade & Industry (DTI) for chronic knee injury suffered by their employees as a result of underground work in mines between 1949 and 1994, where chronic knee injury means diabling symptoms of the knee joint (s) resulting from damage to the menisci and / or osteoarthritis, but does not include bursitis.

Where issues of fact and law are complex and intermingled, it may well be more efficient to await the full hearing before ruling on the preliminary issue.

A trial court's findings of fact on disputed issues of fact will not be disturbed unless clearly erroneous (aka the «any evidence» standard of review)

Justice Francis Flaherty in his written opinion stated, «In our considered opinion, the issues of fact inherent in this case necessitated a trial; there was not only one possible conclusion.

Claims will only be eligible for inclusion in collective proceedings if the CAT considers that they raise the same, similar or related issues of fact and law, and are suitable to be brought in collective proceedings.

The failure to cross-examine can be of little significance if the contradicted evidence is little significance in the conduct of the case and to the resolution of critical issues of fact.

The court hearing the case explained that normally issues of fact should be decided by a jury, but here the evidence creating the issue was unreliable.

(2) The issues of fact and the assessment of damages in an action shall be tried without a jury in respect of a claim for any of the following kinds of relief:

(3) On motion, the court may order that issues of fact be tried or damages assessed, or both, without a jury.

Our attorneys have particular experience in catastrophic injury cases and those involving complex issues of fact or law.

We handle a broad range of personal injury matters, with a focus on cases involving complex issues of fact or law.

Whether these aspects of reasonable foreseeability are considered issues of law or issues of fact as to which, on this record, no reasonable jury could disagree, foreseeability of both communication to school authorities, including the teacher, and the risk of substantial disruption is not only reasonable, but clear.

The court clarified that committees could not decide disputed issues of fact, and that a «prima facie» case as to what happened meant a case for allegations which, if believed, would be sufficient to justify a verdict, in the absence of an answer from the registrant.

Generally speaking, the Montana Supreme Court decides issues of law, not issues of fact.

Genuine issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and misleading advertising regarding the omega - 3 nutrient content of certain of its products in violation of California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).

Exceptional revocation cases that raise complex issues of fact and law, such as those involving war crimes and crimes against humanity, as well as cases regarding security, other human or international rights violations and organized criminality, would instead be decided by the federal court.

In Equifax Information Services, LLC v. Soutter, the district court certified the class and one issue for the Fourth Circuit was whether the alleged inaccuracies in about 300,000 credit reports presented common or individualized issues of fact.