April 9, 2010

Motion practice.

Practice point: The equitable doctrine of subrogation can be invoked when, to protect his own rights or property, a party is compelled to pay the debt of a third person.

Students should note that the doctrine cannot be invoked when the payments were voluntary.

Case:
Broadway Houston Mack Dev., LLC v. Kohl, NY Slip Op 02500 (2d Dept. 2010)

Here is the opinion.


Monday's issue: School Law.