Constructive notice

They also anchored the argument on the period of time that litigation in the previous suit took, right from the high court to the supreme court, stressing that the counter claimant and 6th defendant in the suit are caught by the principle of Estoppel by conduct, having not joined the previous suit that lasted 37 years in court, despite having constructive notice of the pendency of the suit.

The constructive notice by publication of the petition as claimed by Harley is not enough.

From this date of registration, there was constructive notice of the falsification to the entire world, including the complainant Lucy.

The state argued that Hughes was not prejudiced by the lack of notice because he received "constructive notice" of the aggravating factors when they were used at the earlier district court proceeding, and that because Hughes didn't contest the existence of the aggravating factors, the additional notice wouldn't have changed the result at sentencing.

" It would be improper to grant summary judgment against Shulman because he never had actual or constructive notice that such relief may be granted and never was given an opportunity to be heard.

This argument, however, applies a constructive notice standard in an actual notice case.

"No record evidence exists that either KPC Holdings or National Indemnity had actual knowledge or constructive notice of the improper service of the foreclosure notice," Zachary wrote.

constructive notice. Nonetheless, the Court held "even a probably

An owner of premises who moves for summary judgment dismissing a complaint "in a slip-and-fall case has the initial burden of making a prima facie showing that it did not create the hazardous condition which allegedly caused the fall, and did not have actual or constructive notice of that condition for a sufficient length of time to discover and remedy it" (Mehta v Stop & Shop Supermarket Co., LLC, 129 AD3d 1037, 1038 [2015]; see Campbell v New York City Tr.

Rather than indicating lack of actual or constructive knowledge of the tax-avoidance purpose of the transaction, as the Tax Court had concluded, these signals, at the very least, put the shareholders on constructive notice of such a purpose.

Supreme Court further found that the Bills did not have actual or constructive notice of the "dangerous situation," which was not preceded by "escalating hostilities."<br />Lastly, Supreme Court determined that even if there had been a lapse in security, Plaintiff's injuries were the result of the independent, intervening criminal actions of the three John Doe assailants.

A subsequent biopsy revealed that Girerd had 'developed Squamous Cell Carcinoma in the left little toe a cancer which develops due to chronic infection and inflammation.' Unfortunately, the cancer spread and Girerd passed away during the pendency of his case."<br />The premises liability action asserted that defendants "had actual and/or constructive notice" of the island's condition before his injury.