Lender’s initial motion for summary judgment on the complaint and to strike Borrowers’ answer was denied Lender renewed its summary judgment motion and, this time, submitted a copy of the RPAPL 1304 notice, Later, supreme court confirmed the referee’s report and issued a judgment of foreclosure and sale.   Drakakis Borrower in Drakakis appealed from orders in which the supreme court granted lender summary judgment In so doing, the Court stated: Here, in support of its motion for summary judgment, the plaintiff failed

after the defendant filed its notice of appearance, the plaintiff moved for leave to enter a default judgment

Haber Under the doctrine of res judicata, a final judgment on the merits of a claim precludes re-litigation are represented by a party to the action”. 8 The party asserting the conclusive effect of a prior judgment proceeding, the Supreme Court, among other things, granted BNY and Countrywide’s motion for summary judgment The prior proceeding was dismissed on summary judgment because plaintiff ratified the purportedly fraudulent

The Court vacated the First Circuit’s judgment and remanded the case to determine whether the alleged too fact intensive for courts to dismiss False Claims Act cases on a motion to dismiss or at summary judgment

or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment Thereafter, the court granted plaintiff’s “unopposed motion” and issued a judgment of foreclosure and alia, to stay the foreclosure sale and to vacate the order and judgment of foreclosure and sale. Citing numerous cases, the Court noted that “ rders or judgments that are rendered in violation of the Although the Wells Fargo plaintiff’s counsel moved for summary judgment before the automatic stay of

The defendant moved for summary judgment, contending, among other things, that the managers’ fraud claim

Pala involved a post-judgment enforcement proceeding. In September 2020 and December 2020, the motion court entered two judgments against defendants (totaling As part of plaintiffs’ post-judgment efforts, plaintiffs obtained, among other things, a turnover order and in India. 13 The Court found that “ he CEO’s testimony that defendants did not comply with post-judgment testified, among other things, that defendants’ counsel in India advised noncompliance with the post-judgment

commenced an action “to recover on an instrument for the payment of money only by motion for summary judgment Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment in lieu of

Carnell moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment

The motion court rejected the individual defendants’ reliance upon the business judgment rule as a basis Noting that the business judgment rule prohibits review of decisions within the scope of the authority self-dealing and willful misconduct, which were not actions ‘taken in good faith and in the exercise of honest judgment “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to bad faith” to show that the subject transaction “could not have been the product of sound business judgment

an agreement, entitled “Plaintiff’s Agreement to Pay Proceeds Contingent on Successful Settlement, Judgment Court, Richmond County, against Eureka and the attorney defendants by summons and motion for summary judgment PSF requested that the motion court grant PSF summary judgment on its causes of action based on breach jurisdiction, raising the same contentions as those raised in opposition to PSF’s motion for summary judgment the arbitration provision of the Agreement to Pay in its papers in support of its motion for summary judgment

Freiberger In general, to “establish prima facie entitlement to judgment as a matter of law in an action Lender in Zakarin commenced a residential mortgage foreclosure action in 2010 and moved for summary judgment proffered in support of its motion, the plaintiff failed to establish it prima facie entitlement to judgment