On the defendant’s appeal, the Second Department modified the judgment by dismissing the complaint.

Defendant cross-moved for summary judgment on its PSE-based affirmative defense. Defendant moved to set aside the reformation portion of the verdict pursuant to CPLR § 4404(a) and for judgment The Appellate Division, First Department affirmed the judgment in the plaintiffs’ favor, holding that complaint to include a reformation cause of action, and remitted the case to the trial court for entry of a judgment

allegations in the SEC’s complaint, two of the Individual Defendants consented to the entry of final judgments

The motion was granted by order dated December 13, 2013, and a judgment of foreclosure and sale was entered Lamberti , 155 A.D.3d 1004 (2 nd Dep’t 2017), the Second Department reversed a judgment of foreclosure to toll the accrual of interest on the first mortgage loan due to delay in attempting to obtain a judgment

The SEC sought disgorgement plus pre-judgment interest, penalties, and permanent injunctions against

They do so while a motion to dismiss the action (or a motion for summary judgment) is pending. Shortly after the parties agreed to settle plaintiffs’ claims, they learned that the motions for summary judgment defendants were not interested in negotiating a settlement before Supreme Court’s decision on the summary judgment

Budde’s motion for summary judgment, predicated on its affirmative defense of release, was denied by

Under the doctrine of res judicata, a final judgment on the merits of a claim precludes re-litigation commenced a class action suit against Defendant in New York State Supreme Court which sought a declaratory judgment Gardephe denied Defendant’s motion to dismiss and granted Plaintiff’s motion for summary judgment to Plaintiff moved for summary judgment on her retaliation cause of action on the basis that this claim > .” 20 Takeaway Res judicata and collateral estoppel address preclusion of issues and claims after judgment

In affirming the dismissal of the fraud claims on summary judgment, the First Department stated: Here They sought compensatory and punitive damages, as well as a judgment directing defendants to remove any Prior to the close of discovery, plaintiffs moved for summary judgment as to the issue of liability only of fact surrounding defendants’ state of mind ( i.e. , scienter) that prevented the grant of summary judgment

Lender moved for a judgment of foreclosure and sale and, thereafter, Bressler moved to vacate the order Subsequently, supreme court granted lender’s motion to confirm the referee’s report and for a judgment On Bressler’s appeal, the Court reversed the judgment of foreclosure and sale and granted Bressler’s

Defendants moved for summary judgment on the fraud claim, claiming, among other things, that (1) the

the interest of the parties in the subject-matter is such that they stand or fall together and that judgment