In 2016, the motion court granted the lender’s motion for summary judgment and denied the borrower’s the Second Department modified the motion court’s order by denying the lender’s motion for summary judgment and affirming the denial of the borrower’s motion for summary judgment.

Freiberger Today’s Blog involves motions to renew and reargue and successive motions for summary judgment When a motion for summary judgment is denied, the movant can move for renewal or reargument pursuant Courts, however, frown upon the making of successive motions for summary judgment.  It is recognized that “ uccessive motions for summary judgment should not be entertained in the absence The motion court denied lender’s summary judgment motion. 

in interest in the relief sought: MS Health failed to establish prima facia entitlement to summary judgment In the event of default, plaintiff was entitled to enter judgment through a confession of judgment. Plaintiff moved for summary judgment on its claims and to strike defendants’ counterclaim and affirmative Defendants moved to dismiss the complaint or alternatively for summary judgment on their counterclaim The motion court granted plaintiff’s motion for summary judgment and denied defendants’ motion to dismiss

The motion court confirmed the award and entered judgment against RS Inc., the newly formed entity. The First Department reversed and vacated the judgment because it was unable to confirm an award against only the wrong party in its action to confirm the arbitration award, but also pursued confirmation and judgment

decided using the principals discussed above, the Appellate Division, Second Department reversed a money judgment Plaintiff commenced the action by motion for summary judgment in lieu of a complaint pursuant to CPLR plaintiff’s motion which was for an award of attorneys’ fees and directed plaintiff to submit a money judgment Subsequently, a money judgment was entered on February 1, 2023, upon the order, in favor of plaintiff As noted, the Second Department reversed the judgment .

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The First Department reversed the motion court’s denial of summary judgment because “the contract for In response, the defendant moved for summary judgment based on the release. The plaintiff moved for summary judgment and the defendant cross-moved to dismiss the complaint pursuant

In 2010, the lender’s motion for summary judgment and for an order of reference was granted, and in 2017 , the motion court issued a judgment of foreclosure and sale. the “Corp.”), whose owner and CEO was the borrower, moved pursuant to CPLR 5015(a)(4) to vacate the Judgment

A party asserting a partition and sale cause of action, “establishe his prima facie entitlement to judgment For example, despite the moving party on a summary judgment motion having a name on the deed, and otherwise In their motion for summary judgment, the plaintiffs submitted, inter alia , a deed to the subject property The defendant appealed from a grant of summary judgment in favor of the plaintiffs. Department reversed and, in so doing stated: The evidence submitted by the plaintiffs on their summary judgment

2018), in which the First Department affirmed Supreme Court’s denial of defendant’s motion for summary judgment Supreme Court, for the most part, denied MSLO’s summary judgment motion.  faith and fair dealing claim, Supreme Court held that there were factual issues precluding summary judgment Allegations of such bad faith tactics are sufficient to preclude summary judgment in favor of the allegedly

Pace moved for partial summary judgment to dismiss BLDG’s claim for consequential damages. regarding consequential damages barred BLDG’s claim, and granted Pace’s motion for partial summary judgment Defendant moved for partial summary judgment seeking to exclude $16 million in consequential damages specifically referenced.”[15] Accordingly, the motion court granted defendant’s motion for summary judgment

process of developing competing software and migrating off of ASG’s software, including efforts that were accelerated renewal, fraudulent inducement, violation of New York General Business Law (GBL) § 349, and a declaratory judgment Thereafter, the parties each filed a motion for partial summary judgment.