party may demand a jury trial in cases where: (a) the facts set forth in the action “would permit a judgment Plaintiff further agreed that if she defaulted on the payments, Morgan Shedlock could accelerate the service of an amended complaint, defendants served an amended answer and moved for partial summary judgment holding the Court rejected plaintiff’s contention that she could be made whole “solely by a monetary judgment the subject property, contrary to her contention, her relief cannot be obtained solely by a monetary judgment

Among other things, an appearance could: preclude the entry of a default judgment by plaintiff; operate having a complaint dismissed pursuant to CPLR 3215(c) based on a plaintiff’s failure to seek a default judgment An answer was never filed and a judgment of foreclosure and sale was obtained on default. Assouline, 177 A.D.3d 603 (2nd Dep’t 2019), denied defendant’s motion to vacate a judgment of foreclosure The Second Department affirmed and found that in its motion for a default judgment against defendant,

Haber Summary judgment in lieu of a complaint under CPLR 3213 was central to the decision in Newmark on an $11 million repayment obligation structured under the agreement, plaintiff obtained expedited judgment an instrument for the payment of money only, the terms of the agreement warranted entry of summary judgment Plaintiff moved for summary judgment in lieu of complaint. This clarity supported the grant of summary judgment in lieu of a complaint.

Among other things, CPLR 5526 requires that the “record on appeal from an interlocutory judgment or any order shall consist of the notice of appeal, the judgment or order appealed from, the transcript, if any, the papers and other exhibits upon which the judgment or order was founded and any opinions in incomplete record, stated: Here, the plaintiff properly placed the pleadings and the underlying summary judgment plaintiff's motion, in effect, for leave to renew its opposition to the defendant's motion for summary judgment

Among other things, an appearance could: preclude the entry of a default judgment by plaintiff; operate an action is entitled to at least five days' notice of an application for leave to enter a default judgment The lender’s unopposed motion for a default judgment was granted. A judgment of foreclosure and sale was subsequently entered, and the subject property was sold to the to CPLR 5015(a) (1) and (4) [4]  to vacate the motion court’s prior orders resulting in the default judgment

or vice versa, it generally considers the solvency of the borrower and the collectability of a money judgment Typically, when the lender moves for a default judgment and/or summary judgment (depending on extent After the hearing, the referee issued a decision and an order and judgment. The Second Department held that the “Referee erred when he issued an order and judgment” deciding issues The Defendant opposed the motion to confirm the resulting report and for a judgment of foreclosure and

s article “RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale,” we, for the first time, discussed RPAPL 1351(1)’s requirement that judgments of foreclosure and sale direct that foreclosure sales occur within ninety days of the judgment. As discussed in the article, in order to vacate a judgment of foreclosure and sale and/or set aside a A judgment of foreclosure and sale was issued in November of 2019, directing, inter alia, the sale of

In 2015, HSBC moved for, and was granted, summary judgment. HSBC moved for summary judgment again and the motion court denied the motion, holding that a trial was In September of 2022, the lender moved for a default judgment and for an order of reference, which motion In January of 2023, the lender moved to confirm the referee’s report and for a judgment of foreclosure calendar, and further failed to explain its four-year delay in moving for leave to enter a default judgment

Among other things, an appearance could: preclude the entry of a default judgment by plaintiff; operate having a complaint dismissed pursuant to CPLR 3215(c) based on a plaintiff’s failure to seek a default judgment borrower entered into two stipulations adjourning the lender’s motion for leave to enter a default judgment When the lender moved to confirm the referee’s report as to the amount due to it and for a judgment of motion court granted the lender’s motion, denied the borrower’s cross-motion and, inter alia, issued a judgment

(here), plaintiff sued defendant, a shareholder in its cooperative building, seeking a declaratory judgment Plaintiff asserted a single cause of action, seeking a declaratory judgment that plaintiff had properly Defendant moved for summary judgment, seeking to dismiss the complaint as time-barred and to receive Plaintiff opposed, and cross-moved for summary judgment in its favor. Declaratory judgments are governed by a six-year statute of limitations under CPLR 213.

June 3, 2026), a personal injury matter, the defendants opposed plaintiffs’ motion for summary judgment plaintiffs submit a statement of material facts, which plaintiffs neglected to serve with their summary judgment The motion court accepted the affirmations and denied plaintiffs’ summary judgment motion. Although the motion court granted plaintiff’s motion for a default judgment, the First Department reversed , which permitted a motion court to require a statement of material facts with a motion for summary judgment

The borrower moved, inter alia, for summary judgment dismissing the complaint due to the lender’s failure , the Supreme Court should have granted that branch of the defendant’s motion which was for summary judgment In 2021, the lender renewed its motion for summary judgment and the borrower cross-moved for summary judgment dismissing the complaint for failure to comply with RPAPL 1304 and 1306. precedent, the Supreme Court should have granted the defendant's cross-motion, in effect, for summary judgment