The answer was never rejected, and, instead, the plaintiff moved for a default judgment five months later order compelling the plaintiff to accept a late answer and the plaintiff cross-moved for a default judgment plaintiff to accept their late answer and denied the plaintiff’s cross-motion for leave to enter a default judgment

After years of litigation, many of the parties sought summary judgment on several claims alleging self-dealing The Lower Court Ruling Addressing the motions for summary judgment, the motion court found the evidentiary therefore, concluded that plaintiff failed to create a triable issue of fact sufficient to defeat summary judgment was justified may become one for the factfinder rather than a matter that can be resolved on summary judgment

Rules provides, in pertinent part, that: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint Finally, a default judgment need not be obtained within one year, as long as proceedings to obtain a default judgment have been initiated.  The lender’s subsequent motion for leave to enter a default judgment was denied without prejudice and

July 16, 2026), the Appellate Division, Third Department, affirmed summary judgment dismissing a contractor Following joinder of issue and discovery, defendants moved for, among other things, summary judgment Plaintiff opposed the motion and cross-moved for partial summary judgment dismissing defendants’ affirmative The motion court granted defendants’ motion for summary judgment, denied plaintiff’s cross-motion, and raise a triable issue of fact sufficient to defeat defendants’ prima facie showing of entitlement to judgment

After joinder of issue, plaintiff moved for summary judgment on the amended complaint. on the cause of action for a judgment declaring that … plaintiff entitled to sell 275A and retain the Thereafter, plaintiff commenced the action for, inter alia , a judgment declaring that, upon the death Defendants moved for summary judgment dismissing the amended complaint and declaring that plaintiff was The Court found that defendants demonstrated their prima facie entitlement to judgment as a matter of

articles, a notice of pendency (or lis pendens ) is a provisional remedy available to litigants seeking a judgment In fact, a notice of pendency must be filed at least twenty (20) days before a judgment of foreclosure borrower defaulted in appearing in the action and the trial court issued an order of reference and a judgment application was made more than one (1) year after service of notice of entry of the related order and judgment Supreme Court properly denied Innovation’s motion pursuant to CPLR 5015(a) to vacate the order and judgment

broad discretion to determine whether sufficient grounds for removal exist, subject to the business judgment constituting cause and that the board’s determination was entitled to deference under the business judgment Plaintiff commenced the action seeking, among other relief, a judgment declaring that the notice of the Critically, the Court emphasized the role of the business judgment rule in insulating board determinations Where a board’s decision falls within its managerial authority, courts will defer to that judgment unless

not serve an answer to either of the amended complaints, opposed the lender’s motion for a default judgment In so doing, the Court noted that on a motion for a default judgment pursuant to CPLR 3215 , a plaintiff This Blog has written about default judgments in mortgage foreclosure actions. This BLOG has addressed the necessary proof on a motion for a default judgment < here =">here</a>"> .

A clerk’s judgment requires no inquest.  The vacatur of a clerk’s judgment is the subject of today’s article.  In order to “vacate a judgment, including a clerk’s judgment, entered upon default in appearing and Cabgram Developer, LLC , a case involving the vacatur of a clerk’s judgment.  The defendant’s motion to vacate the judgment was granted and the plaintiff appealed. 

When a judgment or order is issued against a party that has not been properly served with process, it CPLR 5015 (a) provides several bases upon which a party may move to vacate a judgment or order. “To be entitled to vacatur of a default judgment under CPLR 5015(a)(4), a defendant must overcome the The motion court granted plaintiff’s motion for leave to enter a default judgment pursuant to CPLR 3215 Note: this BLOG has addressed default judgments, inter alia , < here =">here</a>"> , < here =">here</

In particular, plaintiffs asserted the following four causes of action: First – declaratory judgment Thereafter, plaintiffs moved for summary judgment on the complaint. Defendants cross-moved for summary judgment dismissing the first, second, and fourth causes of action plaintiffs”. [7]  As a result, the Court held that “defendants established their prima facie entitlement to judgment cross-motion, the Court held that “plaintiffs failed to demonstrate their prima facie entitlement to judgment

As discussed below, the Court held that the motion court “should have granted summary judgment in plaintiff DirecTV also moved for summary judgment dismissing Nexstar’s counterclaims. Nexstar also moved for summary judgment on its counterclaims and for summary judgment dismissing the judgment dismissing the complaint, granted DirecTV’s motion for summary judgment on its breach of contract judgment on its cause of action for fraudulent inducement .