of good faith and fair dealing because: the defendants demonstrated their prima facie entitlement to judgment

Supreme court denied the lender’s motion for, inter alia , summary judgment “on the complaint insofar Among other things, the Second Department modified supreme court’s order by granting lender summary judgment In support of its motion for summary judgment, the lender relied on an affidavit of a “foreclosure specialist

of foreclosure and sale (the “Judgment”) directing the sale of the subject property.  The property was purchased by Fandy Corp., who moved to intervene in the action to vacate the Judgment In 2007, lender learned of Drimmer’s sale to Sternberg and, as a result, accelerated the debt and stopped Nonetheless, the Court found triable issues of fact precluding summary judgment based on evidence that In denying lender’s motion for summary judgment and granting Purchaser’s motion for summary judgment,

sales agency agreement could bar fiduciary duty, unjust enrichment, constructive trust, and declaratory judgment Plaintiffs); (4) breach of contract under the Guarantee (asserted by MEP III); and (5) declaratory judgment

In their opposition to plaintiffs’ summary judgment motion, defendants argued, among other claims, that judgment. Consequently, the Court vacated the judgment entered by the motion court in favor of plaintiffs, denied Plaintiff sought the amendment because it learned during discovery that GDC was effectively judgment proof – i.e. , it would be unable to satisfy a judgment against it – and, along with SMI, and Holdco

Nicholas Judgment LLC v. 936-938 Cliffcrest Hous. Dev. Fund Corp. , 2022 N.Y. Nicholas Judgment LLC (“Hess 938”). Hess 938 and Maverick moved for summary judgment on, inter alia , plaintiff’s causes of action for breach The Court held that “Plaintiff failed to establish its prima facie entitlement to summary judgment on coupled with a partial payment gives rise to an actionable account stated entitling plaintiff to summary judgment

The deal included a provision that would accelerate Angel Oak’s obligation to return funds to certain

Also in 2019, Mist and Presco moved for summary judgment dismissing the complaint. order dated February 10, 2021, the motion court, among other things, granted the motion for summary judgment should have been added as a defendant in the action under the relation-back doctrine and whether summary judgment

On June 11, 2007, the lender accelerated the debt and commenced a foreclosure action (the “First Foreclosure Thereafter, lender moved for a default judgment in the First Foreclosure Action and, subsequently, the application to dismiss the First Foreclosure Action as abandoned pursuant to CPLR 3215(c) , because a default judgment Here, the limitations period began to run on June 11, 2007, upon AHMA’s acceleration of plaintiff’s mortgage

Banks 1 and 2 moved for summary judgment.  Nonetheless, supreme court denied Bank 1’s motion for summary judgment and granted Bank 2’s cross-motion , for summary judgment declaring that its mortgage interest in at least one half of the subject property Mentore opposed the motion and cross-moved for summary judgment.   Finally, “the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law

IGAL Ocean, LLC On October 21, 2010, a personal injury judgment in the principal amount of $83,788.25 entered in Supreme Court, Kings County, in favor of plaintiff and against defendant IGAL Ocean, LLC (“Judgment

On June 14, 2023, pursuant to the motion court’s order granting the motion, the motion court entered judgment Accordingly, the Court ordered “that the judgment is reversed, on the law, the defendants’ motion pursuant