The motion court granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s motion for summary judgment dismissing the affirmative defenses and in favor of its claim court’s order to deny defendant’s motion and grant plaintiff’s motion insofar as it sought summary judgment

analyzing and assessing the risks associated with the investment, and that it was using its independent judgment

In their summary judgment motion, however, defendants claimed that plaintiff did not agree to reduce because it was duplicative of the breach of contract claim: With respect to the Defendant’s summary judgment The Court held, without any explanation or reason, that “ ummary judgment should not have been granted

The Second Department, in reversing supreme court’s grant of summary judgment dismissing the individual defendant from the action and granting summary judgment to the plaintiff, stated: The plaintiff established , prima facie, its entitlement to judgment as a matter of law on the complaint insofar as asserted against Trump Corp moved for summary judgment arguing, inter alia : that the application was denied for legitimate for its own affirmative wrongful acts," stated: Here, it would have been premature to grant summary judgment

Plaintiff moved for summary judgment on its complaint, to strike borrower’s answer and for an order of set forth in the plaintiffs RPAPL 1304 notice warrants denial of the plaintiff’s motion for summary judgment and reports on the amount due under the note and when the court thereafter entertains a motion for a judgment of foreclosure and sale using the referee’s sum or other sum in a judgment.” 

Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage While the action is pending or after final judgment for the plaintiff therein, no other action shall to a lender pursuant to RPAPL § 1303 to commence an action on the underlying promissory note after a judgment to foreclose on the residential mortgage in exchange for a partial payment of $100,000 against the judgment by paying roughly 3.3% of the principal sum borrowed and less than 2.4% of the judgment" (Stone Mtn.

as a matter of public policy. 7 Following additional motion practice, Bear Stearns moved for summary judgment The Insurers opposed and cross-moved for summary judgment, arguing that the $140 million did not represent The motion court denied the Insurers’ motions and granted summary judgment to Bear Stearns, concluding The First Department, among other things, reversed, denied Bear Stearns’ motion for summary judgment, and granted the Insurers’ motions for summary judgment, stating that Bear Stearns was not entitled to

the importance of submitting sufficient proof of compliance with RPAPL 1304 on a motion for summary judgment forth in prior articles, in general, a foreclosing mortgagee demonstrates prima facie entitlement to judgment Lender moved for summary judgment and: n support of the motion, the submitted, among other things, a mailing practices and procedures were adequate (in contrast to the submissions made on the summary judgment Department concluded that supreme court “properly denied the plaintiff’s motion, inter alia, for summary judgment

complaint to add, inter alia , a veil piercing claim against the individual defendants for opening a judgment The affidavits further allege that Su and Yuan conspired to perpetrate a wrong by opening a judgment 405, 407 (1st Dept. 2014) (“Allegations that corporate funds were purposefully diverted to make it judgment-proof

Plaintiff’s unopposed motion for summary judgment was granted by the motion court after defendant’s death Once a representative of defendant’s estate was appointed, a motion to vacate the judgment was granted Relying on, inter alia , Stancu , the Danzig Court found that the motion court’s grant of summary judgment One of the defendants died in 2015 and, in 2016, the court entered a default judgment of foreclosure In 2017, the remaining defendants moved pursuant to CPLR § 5015(a)(4) to vacate the default judgment

allegations upon which th motion was predicated in or about April 2021,” when “defendant submitted summary judgment occurred and whether plaintiff sustained the injuries she alleged had “not changed since the summary judgment

Freiberger A notice of pendency is a provisional remedy available to litigants seeking a judgment that Section 1331 of the RPAPL requires that “at least twenty days before a final judgment directing a sale