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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- Letter Declaring Contract Void Ab Initio, Demand for The Return of Down Payment, and Commencement of Litigation Constitutes an Anticipatory Breach of Contract
After the completion of discovery, defendants moved, among other things, for summary judgment dismissing Plaintiffs cross-moved, inter alia, for summary judgment on that cause of action. that “the Supreme Court properly granted that branch of the defendants’ motion which was for summary judgment alleging breach of contract and denied that branch of the plaintiffs’ cross-motion which was for summary judgment action.”[16] The Court found that “defendants established their prima facie entitlement to summary judgment
- Enforcement News: What Happens When Form ADV Statements Cannot Be Substantiated
Capital Management Group Ltd., an enforcement action filed by the Commission in 2024 in which a final judgment On August 3, 2026, the court entered a final judgment by default. Pursuant to the judgment, (1) Wisdom was enjoined from future violations of Sections 204(a) and 207 of
- Breach of Contract and Judicial Dissolution of Partnerships
defendant Waldorf Risk Solutions, LLC (collectively, the “defendants”), subsequently moved for summary judgment The Court held that “defendants demonstrated their prima facie entitlement to judgment as a matter of distribute.”[13] The Court also held that defendants “demonstrated their prima facie entitlement to judgment
- Standing in Residential Mortgage Foreclosure Actions and the Applicability of RPAPL 1302-a to Defaulting Borrower
We have previously noted that in order to “establish prima facie entitlement to judgment as a matter raise an objection or defense of lack of standing following a foreclosure sale, however, unless the judgment The borrower interposed similar opposition to the lender’s motion for a judgment of foreclosure and sale
- In Order to Validly File a Notice of Pendency, the Relief Sought in the Action Must Affect Title to Real Property
notice of pendency, also known as lis pendens , is a provisional remedy available to litigants seeking a judgment Real Property Actions and Proceedings Law (“RPAPL”) requires that “at least twenty days before a final judgment certain circumstances, strict application of the “no second chance” rule would prevent the entry of a judgment and, in so doing, stated: Pursuant to CPLR 6501, " notice of pendency may be filed only when 'the judgment As the judgment demanded by the plaintiffs would not affect the title to, or the possession, use, or
- First Department Definitively Holds that an Account Stated Cause of Action is Independent, and Not Duplicative, of a Breach of Contract Cause of Action
“To establish its prima facie entitlement to judgment as a matter of law to recover on an account stated The plaintiffs moved for summary judgment on their respective account stated cause of action and the account stated, the Court recognized that it “has issued numerous decisions where granted summary judgment This case falls squarely within our well-established precedent that an attorney can be granted summary judgment As a result, the court properly granted summary judgment to plaintiffs on their account stated claims
- Fraud and the Assignment of Lottery Winnings
Defendant moved for summary judgment dismissing the action on the grounds that she was without knowledge Defendant moved for summary judgment, claiming, inter alia, that the court lacked personal jurisdiction Second, the motion court found that issues of fact precluded the grant of summary judgment, noting that raises an issue of fact as to [defendant’s] credibility that cannot be properly resolved on the summary judgment
- Second Department Holds that Right to File a Notice of Pendency May be Waived
Freiberger A notice of pendency (or lis pendens ) is a provisional remedy available to litigants seeking a judgment notice of pendency because the complaint sought only money damages and, accordingly, any resulting judgment because RPAPL 1331 requires that a notice of pendency must be filed “at least twenty days before a final judgment
- Court Finds No Basis to Infer that Attorney Had Authority to Represent Party in An Action
The primary issue in Gibson Dunn was whether the default judgment entered against defendant George Koukis Gibson Dunn prevailed and obtained a judgment confirming the arbitration award in its favor (the “judgment Thereafter, Gibson Dunn domesticated the judgment in New York Supreme Court. Plaintiff commenced an action against BII’s shareholders — including Koukis — to enforce the judgment The motion court granted Koukis’s motion to vacate the default judgment and dismissed the complaint on
- THE FIRST DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION RELATED TO THE MAILING REQUIREMENT WHEN SERVICE OF PROCESS IN MADE PURSUANT TO CPLR 308(2)
The resulting judgment of foreclosure and sale provided that the property was being sold subject to the The Property was sold pursuant to a judgment of foreclosure and sale and was subsequently resold. Plotch moved to vacate the judgment of foreclosure and sale and the related sales of the property. markings violated CPLR 308(2)’s prohibition; and that the violation mandates vacatur of the foreclosure judgment omitted) and, therefore, if Plotch’s argument was successful, the action would be dismissed, and the judgment
- First Department Awards Prejudgment Interest on Escrowed Downpayment Returned to Buyer as Liquidated Damages Upon Seller’s Breach of Real Estate Contract
Upon the motion court’s order granting summary judgment to buyer, the parties submitted competing proposed judgments – buyer’s proposed judgment providing for prejudgment interest on the amount held in escrow The motion court, denying buyer’s request for interest, signed seller’s proposed judgment, which directed are squarely on point and since this court is bound to follow its precedent, the court will sign the judgment proposed by defendants which does not award plaintiff a money judgment.
- Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment
On November 18, 2014, third-party plaintiff obtained a judgment against Steven Browd (“Browd”) in the amount of $269,145 (the “subject judgment”). The subject judgment was docketed with the County Clerk on the same date. The subject judgment was not satisfied from the proceeds of the sale. plaintiff alleged that, among other things, SSS Settlement had concealed the existence of the subject judgment

