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Diversion Of Construction Trust Funds-Court Imposes Summary Judgment Against GC Based On Inadequate Recordkeeping Alone
Construction project trust funds, pursuant to Article 3-A of New York's Lien Law, are all monies received by a general contractor or subcontractor on a project.
United States
31 May 2019
Lenders Beware: Acceleration May Defeat Right To Prepayment Premium
Moritt Hock & Hamroff counsel Theresa Driscoll takes a look at the recent Second Circuit Momentive decision and uses it to examine the importance of clarity in drafting loan documents and understanding what loan documents say, ...
United States
22 Jan 2019
Federal Court In New York Enforces "Floating" Forum Selection Clause
Forum selection clauses are favored by most courts in most jurisdictions, as a contractual mechanism to provide certainty with respect ...
United States
10 Oct 2018
You Just Received A "Failure To File Certification Of Compliance" From the Department Of Finance, What Do You Do?
By February 15, 2018, all Covered Entities, as explained below, were required to submit a signed written statement ("Notice") to the Superintendent of Financial Services (the "Superintendent...
United States
9 Mar 2018
Creditors Deserve Better Bankruptcy Reform
While the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was rightfully heralded as an attempt to address many common abuses by debtors, the financial services industry still finds itself at a disadvantage to serial filers holding up the recovery process.
United States
14 Feb 2014
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