Unwitting participants often become the scheme’s best accelerant, drawing in other members of the community

such lawsuits, they are not, however, favored because “they ask courts to second-guess the business judgment reasonably necessary about the transaction, or (3) the directors failed to exercise their business judgment 15 Although a pre-suit demand can be excused because the directors failed to exercise their business judgment .’” 16 “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer bad faith” to show that the subject transaction “could not have been the product of sound business judgment

Thereafter, in 2013 lender’s motion for summary judgment was denied but, later that year, upon reargument Thereafter, Kutch moved for summary judgment dismissing the complaint for lender’s failure to comply cross-moved, inter alia , “for leave to renew those branches of its prior motion which were for summary judgment Subsequently, supreme court, inter alia , issued a judgment of foreclosure and sale and directed the Thus, supreme court properly denied Kutch’s motion to the extent that it sought summary judgment dismissing

Under the business judgment rule, said the motion court, judicial inquiry into the actions of corporate directors, which are taken in good faith, in the exercise of honest judgment, and the legitimate furtherance The business judgment rule is also a powerful tool that can insulate directors from liability for the “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

The SEC seeks injunctive relief, disgorgement plus pre-judgment interest on a joint and several basis

It goes without saying that the spread of the coronavirus is accelerating across the country. Surpasses 15 million Coronavirus Cases as Spread Accelerates” ( here ):  It took about 100 days for the

In truth, Denise and Salvatore had been divorced pursuant to a judgment of divorce since 2007 (“Judgment The Fund moved for summary judgment against Salvatore. In March 2019, the Court granted a default judgment against Denise.  The Court granted the motion for summary judgment because there was “absolutely no issue of fact or law The Court found that Salvatore never informed the Fund Office of his 2007 Judgment of Divorce, which

CPLR 3215(c) , which encourages the prompt entry of default judgments, provides: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative Further, “ t is not necessary for a plaintiff to actually obtain a default judgment within one year of ’ are being taken, and these proceedings manifest an intent not to abandon the case but to seek a judgment

EEI filed a summons and complaint, asserting claims against the Landlord for declaratory judgment, specific Settlement Agreement against the Trust (which EEI added as a defendant in the action), declaratory judgment

(collectively, “Beam”) sought leave to file an early summary judgment motion, explaining that damages Determine the Value of Restricted Securities ; Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment

The motion court denied Mattituck’s motion for summary judgment finding that issues of fact existed “

Lender moved for summary judgment to strike borrowers’ answer and for an order of reference.  Borrowers cross-moved for summary judgment dismissing the action as time-barred.  Supreme court subsequently granted lender’s motion to confirm the referee’s report and for a judgment However, the Court reversed supreme court and denied lender’s motion for summary judgment for numerous