Yap answered the complaint and asserted counterclaims for declaratory judgment based on Hardy and Iconix Following discovery, the parties in each of the actions moved for summary judgment.

A judgment of foreclosure and sale was issued in December of 2009, but was vacated a year later due to Lender’s assignee moved for summary judgment and borrower and 1 Eleanor Corp. cross-moved for summary judgment dismissing the complaint as time-barred. 

proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment

Each of those actions, according to the Court, supported summary judgment on each of the aforesaid claims On August 21, 2020, defendants cross-moved for summary judgment on their counterclaims and dismissal Debtor & Creditor Law Claims The Court held that plaintiff established entitlement to summary judgment As a result, plaintiff “established a prima facie entitlement to summary judgment on his DCL claims.… Accordingly, the Court granted summary judgment on this claim.

Because the lender failed to meet its prima facie burden on its foreclosure cause of action, summary judgment

Following extensive discovery, Defendants moved for summary judgment to dismiss Plaintiffs’ fraud-based In a pithy decision, the Court held that “Defendants entitled to summary judgment because plaintiffs

Judgments from sister states are enforceable in New York (and other sister states as well) by virtue Normally, “ nder New York Law, the New Jersey judgment would be admissible in the New York proceedings The doctrine does not make a foreign State judgment a judgment in the forum State. on the foreign judgment in the forum State. After supreme court denied its motion for summary judgment, plaintiff appealed. 

Following discovery, the parties each moved for summary judgment.

In particular, respondent sought an order, pursuant to BCL § 411, granting a judgment of dissolution CPLR § 411 provides that “ he court shall direct that a judgment be entered determining the rights of Since respondent was seeking a judgment of dissolution, the court treated respondent’s application as one pursuant to BCL § 1111(a)(3), which allows a court to “make a judgment or final order dissolving

CPLR 5015(a) provides that the “court which rendered a judgment or order may relieve a party from it ground of: (1) excusable default, if such motion is made within one year after service of a copy of the judgment order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment The motion was denied, and a judgment of foreclosure and sale was subsequently issued by the motion court

subsequent to the Default, commenced action to foreclose the mortgage in which it did not seek a deficiency judgment Lender moved for summary judgment on the complaint and to strike borrowers’ answer.  This is particularly so where the lender does not seek a deficiency judgment against the borrower.

On plaintiff’s motion for summary judgment, defendants argued that the agreement was a usurious loan,