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Search results for "accelerated judgment"

751 results found for "accelerated judgment"

  • 25% Owner Held Not to Have Dominated and Controlled Corporate Entity to Pierce the Corporate Veil

    Small involved an attempt to enforce a monetary judgment entered against Platinum Management (NY) LLC In February 2020, the court confirmed the arbitration award, and judgment was entered in favor of petitioner and against PMNY in the amount of $12,703,558.00, plus post judgment interest at nine (9%) percent per The judgment remains outstanding and PMNY is allegedly insolvent with no cash, securities, or income. Since a significant portion of the judgment rested on compensation for work subject to those pending

  • Failure to Plead Fraud with Particularity, A “Single Shot Transaction” and the Lemon Law

    Defendants moved for summary judgment dismissing the complaint. The Court held that “defendants established their prima facie entitlement to judgment as a matter of plaintiff’s failure to raise a triable issue of fact, sufficed to grant defendants’ motion for summary judgment The Court also held that defendants “established their prima facie entitlement to judgment as a matter that the motion court “properly granted that branch of the defendants’ motion which was for summary judgment

  • The Saving Provisions of CPLR 205(a)

    jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment Thus, where a dismissal is based on abandonment for failure to enter a default judgment within one year In September of 2017, lender commenced a third action, in which borrower moved for summary judgment to Lender cross-moved for summary judgment on its complaint.  found that the lender’s third action was commenced more than six years after the mortgage debt was accelerated

  • Mortgage Contingency Clauses Revisited

    The purchaser commenced action against the seller in which he sought a declaratory judgment that he was Both sides moved for summary judgment.  The motion court denied the purchaser’s motion and granted summary judgment to the seller.  Accordingly, the was entitled to summary judgment on his first cause of action and dismissing the counterclaims

  • You Can’t Have A Fraud If You Don’t Have A Communication In Which A False Statement Is Made

    May 11, 2023) ( here ), the Appellate Division, First Department reversed the denial of a summary judgment On May 7, 2021, Martinez moved for summary judgment and dismissal of all causes of action against him Plaintiff opposed Martinez’s motion and cross-moved for partial summary judgment in her favor as to the presented to her, the motion court found issues of fact sufficient to preclude the grant of summary judgment that “plaintiff failed to raise an issue of fact” necessary to defeat defendant’s motion for summary judgment

  • Words Have Meaning

    Following discovery, Granite and CNY moved for summary judgment, claiming that, inter alia , Transcontinental had a contractual obligation to indemnify them and summary judgment dismissing Transcontinental’s counterclaims court granted Granite’s motion for contractual indemnification against Transcontinental and summary judgment common-law indemnification and contribution against it and denied Transcontinental’s motion for summary judgment The Court held that Granite was not entitled to summary judgment on its contractual indemnification claim

  • Second Department Awards Foreclosure Defendant Legal “Fees on Fees” Pursuant to RPL 282(1)

    Lender’s motion for summary judgment was denied and borrower’s cross-motion for summary judgment dismissing

  • The Many Facets of a Fraudulent Inducement Claim

    breaches of the Facility Agreement, Dragons sent a demand letter to Knights Genesis/GDC and GDC SPV, accelerating On February 3, 2020, the court in the Contract Action entered judgment against GDC SPV in the amount Dragons claimed that GDC SPV had no assets or property to satisfy the judgment entered in the Contract

  • First Department Holds That a Business-Entity Owner of Residential Property Can Avail Itself of the Protections of the New York City Home Improvement Contractor’s License Requirement

    Both parties moved for summary judgment on the amended complaint.  The motion court granted summary judgment to defendants/owners, concluding that the licensing requirement Court concluded that the motion court “correctly granted defendant owners’ cross-motion for summary judgment

  • Arbitration: When “May” Means “Shall”

    Plaintiff commenced the action seeking the balance of $52,000 and post-judgment interest at the statutory Plaintiff moved for summary judgment in lieu of complaint.

  • BCL § 630(a): The 10 Largest Shareholders and Suing for Compensation

    within ninety <90> days after the return of an execution unsatisfied against the corporation upon a judgment for wages, but contemplates litigation to determine whether an employer’s shareholder is liable for a judgment It follows a judgment in which the employee is entitled to its wages from their employer, even though Regarding the prematurity argument, the Court held that there was no judgment necessary to satisfy the Had there been a confirmed plan, which, according to the Court is the equivalent of a judgment, then

  • When Fraud Is Not Redundant: The Intersection of Merger Clauses and Duplicative Claims Doctrine

    Yousef Althkefati (“Althkefati”), among others, formed 2252 Third Avenue, LLC (“2252 Third Avenue” of “judgment On August 28, 2023, the motion court entered judgment in plaintiff’s favor and against 2252 Third Avenue in the amount of $3,000,000, plus interest (the “Judgment”).[2] Thereafter, in May 2024, plaintiff commenced

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