years later, and before the borrower’s motion to dismiss was decided, the lender moved for summary judgment court granted the borrower’s motion to dismiss and denied, as moot, the lender’s motion for summary judgment evidence of a potentially meritorious cause of action via incorporation by reference of its prior summary judgment

the court for defects inherent in the papers, qualifies as a taking of 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 Obtaining a judgment within a year is not necessary, “so long as proceedings were undertaken to do so

Davidson , 202 A.D.3d 880 (2 nd Dep’t 2022), in reversing a judgment of foreclosure and sale and granting summary judgment to the borrowers, the Court  stated that “ ontrary to the contention, the did not a defense based on noncompliance with RPAPL 1304 may be raised at any time prior to the entry of a judgment given that failed to comply with RPAPL 1304, Supreme Court erred in denying cross-motion for summary judgment

Ultimately, Supreme Court granted summary judgment to landlord. Tenant and guarantor appealed. The Court of Appeals granted leave for guarantor to appeal the judgment against it for post-vacatur damages

extension was set to expire, plaintiff commenced the action for reformation of the Lease, declaratory judgment Defendant moved to dismiss plaintiff’s causes of action for a declaratory judgment (second cause of action ),’ to support his fraudulent inducement claim.” [16]   As to the cause of action for a declaratory judgment

Mar. 24, 2022) ( here ), a judgment enforcement action under Article 52 of the CPLR that contains some Ebrahimzadeh 79 Madison was commenced by plaintiff to recover a money judgment against defendant pursuant Soon thereafter, plaintiff commenced default proceedings, which culminated with the entry of judgment During judgment enforcement proceedings, plaintiff learned that defendant had entered into a contract Instead, the sole remedy for a judgment creditor is a charging order that requires the LLC “to pay over

foregoing principles were considered by the Appellate Division, First Department in a case involving a judgment At the time of the law firm’s engagement, Joseph was a judgment debtor of TGT. On October 25, 2019, the motion court issued a judgment in favor of TGT and against Advance and Joseph interest in seeking a legal defense as to assets that were not subject to the forfeiture orders and judgments reasonably anticipated follow-on criminal court litigations to enforce those forfeiture orders and judgments

After receiving no payment during the following 90 days, plaintiff accelerated the remaining balance the debt, and that plaintiff’s action was therefore timely because the debt had not been accelerated Nevertheless, “even if a mortgage is payable in installments, once a mortgage debt is accelerated, the action must be taken evidencing the holder’s election to take advantage of the accelerating provision The Court “reject defendant’s contention that the discharge in bankruptcy automatically accelerated

Supreme court granted summary judgment to lender.  Lender moved for a judgment of foreclosure and sale and borrowers cross-moved for summary judgment dismissing While the borrowers failed to oppose lender’s motion for summary judgment, the Second Department noted After answering, borrower moved for summary judgment and lender cross-moved for summary judgment.  Here, the failed to establish its prima facie entitlement to judgment as a matter of law, as it failed

On motions for summary judgment, the district court dismissed some of the government’s fraud-in-the-inducement

of this clear contractual language and the undisputed facts , Supreme Court properly awarded summary judgment In affirming the motion court’s grant of summary judgment to plaintiff, the Court rejected defendant Finally, the Court held that the motion court “properly awarded summary judgment to with respect to

After a default judgment was entered, the defendants moved, inter alia , to vacate the judgment and to the motion court “should have granted that branch of the defendants’ motion which was to vacate the judgment the Supreme Court should have granted that branch of the defendants’ motion which was to vacate the judgment