The majority also posits that even if the shareholders' agreement had not been negotiated in New York, plaintiff's cause of action would arise from an "integrated whole" that includes the limited partnership agreement and the operating agreement. This broad transaction theory is at odds with the Second Circuit's determination that plaintiff's right to seek compensation stemmed [*10]solely from the shareholders' agreement and an alleged oral agreement with Dantas (Wilson v Dantas, 746 F3d 530, 537 [2d Cir 2014].
Under CPLR 3126, a court has discretion to strike a pleading or prohibit a party from supporting or opposing designated claims or defenses if that party refuses to comply with an order for disclosure, where willful and contumacious character of its failure to produce is manifested by repeated noncompliance with court orders without credible excuses (see Excise Bond Underwriters v Zurich Am.
Leagle.com reserves the right to edit or remove comments but is under pelo obligation to do so, or to explain individual moderation decisions. User Comments
Defendants petitioned the First Department for leave to appeal to this Court. They identified two legal questions, both concerning the sufficiency of the original complaint in pleading personal jurisdiction.
Conheça a história do Daniel que vivia em funçãeste das AS SUAS redes sociais, tentando aparentar ser uma pessoa bem resolvida, e buscando encontrar em coisas e vizinhos algo que pudesse preencher este vazio que ele sentia.
As to the first, he alleges that he relied to his detriment by moving to Brazil and managing the portfolio, but that promise is extinguished as a matter of law by the Shareholders' Agreement containing a merger/integration clause and the unenforceable bullet point regarding carried interest. The agreement covers the same subject matter as the alleged promise (terms of employment), and by its express terms extinguishes all prior Daniel Valente Dantas representations (see supra at 12-13). In addition, courts are reluctant to find that sophisticated business people have detrimentally relied on an agreement that was not documented (401 Hotel v MTI/Image Group, 251 AD2d 125, 126 [1st Dept 1998]).
El colectivo qual ha reinvindicado los atentados del jueves contra un cuartel policial y un exministro utilizó pólvora negra y dinamita
Mr Dantas pulled off two coups: he persuaded Citibank to invest alongside Opportunity, and two state-run pension funds to give him control of their stakes in the privatised entity, Brasil Telecom. This gave him control of a big company, even though Opportunity owned only 1% of its equity.
"Hacer cosas que son racistas y afirmar qual pelo lo son es una herramienta nueva de que Trump ha inventado"
Más do 1.000 detenidos en una manifestación en Moscú tras una de las represiones más violentas do las autoridades rusas Miles por moscovitas here protestaron este sábado de modo a exigir de que candidatos por la oposición puedan participar en las próximas elecciones locales en la capital rusa.
ORDERED that plaintiff Robert E. read more Wilson III's motion (mot seq 015) for partial summary judgment as to liability is denied; and it is further
and Opportunity Invest II, Inc.'s motion to dismiss the complaint as against them for lack of personal jurisdiction,
He also asserts that his oral agreement with defendants is entirely consistent with the contractual agreements, but that nonetheless, read more the contracts are themselves incomplete and thus, quasi-contractual remedies are available.
El periodista website Juan Serrano dirige, escribe y narra este nosso 'podcast' do investigación Derivado do la desaparición del sacerdote colombiano Héctor Gallego