plaintiff sued Brooklyn Union Gas – alleging causes of action sounding in breach of contract, declaratory judgment The Second Department sustained the dismissal as to the breach of contract and declaratory judgment cause

shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a judgment shareholder of the company, then he or she has no right to vindicate the company’s rights and obtain a judgment

The Court affirmed the motion court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint, granting summary judgment on defendant’s counterclaims to foreclose on a mortgage and its security interest in the building and for a deficiency judgment against the additional counterclaim The third cause of action sought a deficiency judgment against the guarantors of the note. Defendant moved for summary judgment, seeking dismissal of the complaint and on its counterclaims for

(3) breach of contract, (4) specific performance (based on the buy-back provision), (5) declaratory judgment Plaintiff opposed the motion and cross-moved for summary judgment on its remaining causes of action. 11 The motion court held that plaintiff was entitled to summary judgment as to liability only with regard Plaintiff was awarded partial summary judgment on its accounting claim.

addressed the foregoing principles, holding that issues of fact precluded defendants’ motion for summary judgment remittal, defendants filed an answer, the parties engaged in discovery, and defendants moved for summary judgment

Defendants moved to dismiss the fraud cause of action; they also moved for summary judgment as to the

Among other motions, Owner moved for summary judgment dismissing plaintiff’s complaint and plaintiff cross-moved for summary judgment against Owner on the issues of liability and proximate cause.  ’s actions diverted water onto plaintiff’s property by artificial means, thereby precluding summary judgment resolved by the trier of fact and the cause of the flooding cannot be resolved on a motion for summary judgment ’s land as to proximately cause damage to the property cannot be determined on a motion for summary judgment

For example, a court may relieve a party from the effects of a judgment against it upon, among other things, proof that the judgment was the result of the fraud, misrepresentation, or misconduct by an adverse Similarly, a court may exercise its inherent power over its judgments to relieve a party from a judgment The motion court entered judgment on these claims on July 21, 2022. Department’s Decision On appeal, the First Department “unanimously reversed, on the law,” vacated the judgment

Indeed, the statute itself provides that a notice of pendency may only be filed where the “judgment demanded because RPAPL 1331 requires that a notice of pendency must be filed “at least twenty days before a final judgment

After the motion court issued a supplemental order, judgment was entered dismissing the complaint with Plaintiff could have bargained for protections to avoid or mitigate losses occasioned by the conduct of a judgment-proof cognizable claims against Footprint, which proceeding yielded a sizable award that was converted to a judgment

The court denied the motion to enter a default judgment.

Seller counterclaimed for a declaratory judgment that he was entitled to retain the down payment.  Defendant seller moved for summary judgment, inter alia , dismissing the complaint and the plaintiff cross-moved for summary judgment.  Supreme court denied plaintiff’s cross-motion for summary judgment on the complaint, granted defendant ’s motion for summary judgment dismissing the complaint, but denied defendant’s motion for summary on