unfounded claim in New York

2012In Bank of Am., N.A. v Tornheim ( 82 AD3d 1141 [2011]), the Second Department declined to dismiss a recently commenced foreclosure action since the defendants’ demands therefor were predicated upon an unfounded claim that the Helping Families Act created a moratorium on foreclosure actions.

2000The court properly exercised its discretion in declining to recuse itself based on an unfounded claim that it had engaged in ex parte discussions of the case with a prosecutor (see, People v Moreno, 70 NY2d 403 ; People v Patrick, 183 NY 52, 54-55 ).

2000On the totality of the existing record, we find that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 713-714 ).

2000The court properly exercised its discretion in declining to recuse itself based on an unfounded claim that it had engaged in ex parte discussions of the case with a prosecutor (see, People v Moreno, 70 NY2d 403 ; People v Patrick, 183 NY 52, 54-55 ).

1998At the very least, the imposition and enforcement of a monetary sanction is appropriate (see, Jermosen v State of New York, 178 AD2d 810 ; Gabrelian v Gabrelian, 108 AD2d 445 , appeal dismissed 66 NY2d 741 ; see also, Judiciary Law §§ 750, 753 [defining conduct punishable as criminal and civil contempt respectively]).

1998At the very least, the imposition and enforcement of a monetary sanction is appropriate (see, Jermosen v State of New York, 178 AD2d 810 ; Gabrelian v Gabrelian, 108 AD2d 445 , appeal dismissed 66 NY2d 741 ; see also, Judiciary Law §§ 750, 753 [defining conduct punishable as criminal and civil contempt respectively]).

1998At the very least, the imposition and enforcement of a monetary sanction is appropriate (see, Jermosen v State of New York, 178 AD2d 810 ; Gabrelian v Gabrelian, 108 AD2d 445 , appeal dismissed 66 NY2d 741 ; see also, Judiciary Law §§ 750, 753 [defining conduct punishable as criminal and civil contempt respectively]).

1960(People v. Weil, 203 Misc. 68 , affd. 281 App. Div. 1054 .) It is not a vehicle for additional appeal or belated motion for a new trial which, although available to a defendant after verdict, was not made.

1960(People v. Weil, 203 Misc. 68 , affd. 281 App. Div. 1054 .) It is not a vehicle for additional appeal or belated motion for a new trial which, although available to a defendant after verdict, was not made.

1952(People v. Lesser, 280 App. Div. 441 .) The court finds no proof of fraud, nor does it find in the record a denial to the petitioner of his constitutional rights.

1931Co., 150 N. Y. 410 ; Modlin v. Licht, 224 App. Div. 614 ; Drucklieb v. Harris, 158 id. 873.) In violation of his duty to prevent, so far as he legitimately could, the commencement of an action against the corporation, the complaint alleged that he connived and procured such action to be brought upon an unfounded claim.

1931Co., 150 N. Y. 410 ; Modlin v. Licht, 224 App. Div. 614 ; Drucklieb v. Harris, 158 id. 873.) In violation of his duty to prevent, so far as he legitimately could, the commencement of an action against the corporation, the complaint alleged that he connived and procured such action to be brought upon an unfounded claim.

1909But public policy requires that demands against deceased parties must be strictly proved, and to relax that rule-would give rise to evils far outweighing the inconveniences resulting from its strict enforcement; inconveniences which could be obviated by the exercise of ordinary care in procuring written or other evidence of contracts not dependent for validity upon the continuance of the life of either party.” “ It seems to be well settled that claims 'against the estates of deceased persons, in order to be upheld, must be clearly proved by competent evidence, and be free from any just or well

1892And there is certainly no justice in subjecting a person to what is really an unfounded claim, or for preventing him from maintaining an equally, well-founded defense,' because the evidence discovered by him by which that can be done may be of the same quality or description as that given upon the trial in which he has. been defeated.” And, again, it was said in Clegg v. Newspaper Union, (Sup.) 4 N. Y.

1889Id. § 1639 of the Code prescribes what the complaint must set forth in actions for the determination of claims to real property.

1856This principle is also very well settled by authority. ( Van Doren v. The Mayor, c., of New-York, 9 Paige, 388 ; The Mayor, c., of Brooklyn v. Merserole, 26 Wend., 132 .) In both these classes of cases the party whose estate is questioned may naturally wish to have the matter speedily determined, as he may in the mean time suffer inconveniences and even actual damage on account of the discredit attaching to his title by reason of the unfounded claim.

1856This principle is also very well settled by authority. ( Van Doren v. The Mayor, c., of New-York, 9 Paige, 388 ; The Mayor, c., of Brooklyn v. Merserole, 26 Wend., 132 .) In both these classes of cases the party whose estate is questioned may naturally wish to have the matter speedily determined, as he may in the mean time suffer inconveniences and even actual damage on account of the discredit attaching to his title by reason of the unfounded claim.

1843Ca. 223;) Abraham v. Alman, (1 Russ. 509;) Wood v. Richardson, (4 Beav. 174;) Pratt v. Church, (4 Ibid. 177 , note;) Hadon v. Hadon, (9 Simons, 438;) Raikes v. Ward, (1 Hare’s R. 445;) Crockett v. Crockett, (1 Ibid. 451.) And foi another class of cases, Hamley v. Gilbert, (Jacob, 354;) Broad v. Bevan, 1 Russ. 511, note;) Wetherell v. Wilson, (1 Keen, 80;) Woods v. Woods, (1 M. & Craig, 401;) Leach v. Leach, (7 Loud.