On summary judgment, the motion court denied Plaintiffs’ motion for summary judgment on their claims breach of contract claim as asserted by the Company, and to grant the Company’s motion for summary judgment

Seller moved for summary judgment dismissing the complaint and on its counterclaim and purchaser cross-moved for summary judgment on its complaint and dismissing seller’s counterclaim.  However, the court denied seller’s motion to the extent that it sought summary judgment on its counterclaim and the grant of the seller’s motion for summary judgment dismissing the complaint.  The Court, however, reversed the denial of seller’s motion for summary judgment on its counterclaim. 

Walker, A.J.) issued two judgments (denominated decisions and orders). The judgment on appeal in appeal No. 1 declared that plaintiff was an equity partner in the firm when The judgment on appeal in appeal No. 2 declared that the firm had been dissolved upon plaintiff’s resignation The Appellate Division, Fourth Department affirmed each judgment. In light of the foregoing facts, the Court concluded that there was no reason to disturb the judgments

The motion court denied plaintiffs’ motion for summary judgment on their breach of contract and specific performance claims and granted defendant’s motion for summary judgment dismissing the breach of contract

to the plaintiff in that action, regardless of intent, if the defendant fails to satisfy a resulting judgment explained that “plaintiff sufficiently alleged that ‘corporate funds were purposefully diverted to make judgment-proof In a prior action, plaintiff obtained a judgment against BFE for the unpaid amount and interest, but Thereafter, plaintiff moved for summary judgment on, inter alia , the second cause of action against practices between those entities, … the court properly determined that plaintiff entitled to summary judgment

the payment of money only ... the plaintiff may serve with the summons a notice of motion for summary judgment County Sept. 18, 2020) ( here ), plaintiff filed a motion for summary judgment in lieu of complaint in the parties and that agreement imposed obligations on plaintiff, which rendered the use of summary judgment Accordingly, the Court granted the motion and directed the clerk to enter judgment in favor of plaintiff “To establish prima facie entitlement to summary judgment in lieu of complaint, a plaintiff must show

in which plaintiff agreed that he was “purchasing the property … subject to all liens, mortgages and judgments

Accordingly, the SEC seeks a judgment against defendants that: (a) imposes permanent injunctive relief

Landlord filed an action, asserting 10 causes of action: (1) declaratory judgment; (2) breach of contract will also suffice.” 6 Thus, “ llegations that corporate funds were purposefully diverted to make it judgment order to grant Tenant and Icon’s motion to dismiss as to the alter ego/veil-piercing and declaratory judgment

The court granted lender’s motion for a default judgment and for the appointment of a referee.  When the lender moved to confirm the referee’s report and for a judgment of foreclosure and sale, the motion and cross-moved, inter alia , pursuant to CPLR 5015(a), to vacate the order granting a default judgment Borrower opposed lender’s motion to confirm the referee’s report and for a default judgment of foreclosure

The tenant did not cure and, instead, commenced a declaratory judgment action to determine responsibility the lease should not have been terminated because of tenant’s good faith in bringing the declaratory judgment

Can the arbitrator decide the dispute on the papers, in a summary judgment fashion? 2012) (“Although the panel made a determination of the proceeding on respondent’s motion for summary judgment improper since arbitrators are not compelled to conduct hearings, and may decide a case on summary judgment (citing, CPLR § 3213 (motion for summary judgment in lieu of complaint)).  Id . Id.