On August 27, 2021, Plaintiffs moved for partial summary judgment seeking judgment on their claim for Also on August 27, 2021, defendants moved for summary judgment dismissing the complaint in its entirety The motion court denied plaintiffs’ claim for summary judgment on their Franchise Act claim. Plaintiffs appealed the denial of summary judgment on the Franchise Act claim and the dismissal of the The Court held that there were “ ssues of fact” that “preclude summary judgment dismissal … based on

Freeman moved for summary judgment dismissing the third-party claims.  motion, states:  ORDERED that third-party defendant Freeman Expositions, Inc.’s motion for summary judgment authenticated as required by CPLR 4518(a) and thus are inadmissible and cannot form the basis to grant summary judgment Department “unanimously modified, on the law, to grant that portion of Freeman’s motion for summary judgment third-party complaint, and stated: The motion court should not have denied Freeman’s motion for summary judgment

After defendant answered, plaintiff moved for summary judgment seeking future payments under the terminated Defendant cross-moved for summary judgment striking the damages provision and seeking entry of judgment The trial court denied plaintiff’s motion for summary judgment and granted defendant’s cross-motion for summary judgment for the requested amount and interest. There, like in Columbia Univ. , the defendants maintained that the landowner’s acceleration of prospective

Thereafter, the motion court granted the seller’s motion for summary judgment and dismissed the purchaser ’s complaint and awarded the seller judgment on its counterclaim. Further, the Court found that the motion court properly granted summary judgment to the seller on its

As a result, the Court dismissed the plaintiff’s breach of contract and declaratory judgment claims, Plaintiffs brought suit, seeking (1) a judgment declaring that he was a one-third partner in defendant extent of granting the motion to dismiss plaintiffs’ first and second causes of action for a declaratory judgment

The landlord moved for summary judgment on, inter alia , its claim for rent arrears. evidentiary showing on its arrears claim, the motion court stated: Landlord is entitled to summary judgment That evidence establishes a prima facie case for entitlement to summary judgment ( Thor Gallery at S. As to its affirmance of the motion court’s grant of summary judgment to the landlord and its dismissal affirmative defenses, the First Department stated: The landlord established its entitlement to summary judgment

Plaintiff’s motion for summary judgment on the complaint and to strike defendants’ answer and for the Plaintiff then moved for a judgment of foreclosure and sale in which it requested that the court, inter In the resulting order and judgment of foreclosure and sale, supreme court “confirmed the referee's report On the parties’ appeals, the Second Department held that plaintiff was entitled to its judgment.  With its motion for a judgment of foreclosure and sale, the plaintiff submitted an affidavit from its

Owen Loan Servicing moved, inter alia , for summary judgment on its complaint, to strike borrower’s answer Thereafter, lender renewed its motion for summary judgment and to strike borrower’s answer. By Order dated March 6, 2020, the motion court granted lender’s motion for summary judgment and to strike Cacioppo Lender commenced an action to foreclose a mortgage and moved for summary judgment on its complaint as a matter of law, and she did not carry her burden in moving for summary judgment by pointing to the

of a mortgage foreclosure action is the sale of the subject property at public auction pursuant to a judgment “A court has the inherent power to ensure that a sale conducted pursuant to a judgment of foreclosure The Property was ultimately sold to purchaser at public auction pursuant to a judgment of foreclosure A court may exercise its inherent equitable power over a sale made pursuant to its judgment or decree

Defendant moved to dismiss two causes of action asserted by plaintiffs – declaratory judgment and breach Defendant contended that the declaratory judgment cause of action (concerning Robin’s removal as a partner In New York, there is “no general period of limitation for a declaratory judgment action. ” “ o determine the appropriate limitations period for a declaratory judgment action, it is necessary Therefore, said the motion court, plaintiff’s “declaratory judgment appear to be within CPRL 213(l)

The motion court granted the seller’s motion for summary judgment dismissing the specific performance corporation by estoppel doctrine, the Second Department modified the motion court’s order by denying summary judgment showing that RC lacked capacity to enter into a contract and, thus, that they were entitled to summary judgment Supreme Court properly granted those branches of the defendants' renewed motion which were for summary judgment

$131,203.00 on the Overpayment Claim and $44,762.00 on the Investigation Claim, along with pre- and post-judgment commenced the proceeding pursuant to Article 75 of the CPLR to confirm the Awards and enter a final judgment legal/arbitration fee award be vacated as excessive; the attorney’s fees should not accrue pre- or post-judgment