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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- Promise to Provide Products Not Required Under Contract Defeats Claim of Duplication
Defendants moved for summary judgment as to their first counterclaim for breach of contract and for dismissal separate from the terms of the Contract, at least for purposes of defeating the motion for summary judgment
- Usury
Plaintiff moved for summary judgment and defendants cross-moved for summary judgment dismissing the complaint
- Plaintiff Fails to Provide Evidence of Fraudulent Intent in Bid to Obtain Prejudgment Order of Attachment
It has been a long time since this Blog examined a request for a pre-judgment order of attachment. ( As such, a prejudgment order of attachment increases the likelihood of recovery on a later-obtained judgment do so (CPLR § 6201(2)); the defendant with intent to defraud creditors or frustrate enforcement of a judgment recover damages sustained as a result of crime (CPLR § 6201(4)); or the cause of action is based on a judgment and has acted or will act with the intent to defraud creditors or to frustrate the enforcement of a judgment
- Primer on Mechanic’s Liens and Wilful Exaggeration under Lien Law § 39-a
conditions “in an amount equal to one hundred ten percent of such lien conditioned for the payment of any judgment
- Unjust Enrichment and the “Battle of the Breaches”
County July 28, 2020) ( here ), the Court denied a motion for summary judgment because the record was “Therefore,” concluded the Court, “plaintiff’s motion for summary judgment on its claims, and for dismissal “As such,” the Court denied “plaintiff’s motion for summary judgment on the cause of action, dismissed Since the Court’s role on summary judgment is not to determine the credibility of the affiants, summary judgment was denied.
- Breach of Contract: Repudiation and Abandonment
On March 9, 2022, Plaintiff filed a motion for summary judgment and to dismiss Defendant’s counterclaims the motion court denied plaintiff’s motion on the issue of liability on its claims and for summary judgment
- If At First You Don’t Succeed, Try, Try Again, Particularly If CPLR 306-b is Involved
Almost six years later, the lender moved for a default judgment after the borrower failed to appear in
- A Contract That Means What It Says
Plaintiff moved for summary judgment on its breach of contract claim. Union cross moved for summary judgment, seeking to dismiss plaintiff’s claims. agreement: “When parties seek to use extrinsic evidence to resolve an ambiguous term of a contract, summary judgment Accordingly, the motion court denied plaintiff’s motion for summary judgment on its breach of contract claim and denied defendants’ cross motion for summary judgment to the extent it sought dismissal of
- The Importance of Attaching Invoices When Seeking Relief Based Upon Those Invoices
Plaintiff moved for summary judgment. The motion court denied the motion.
- SECOND DEPARTMENT RECONCILES TWO “SEEMINGLY CONTRADICTORY” PROVISIONS IN COMMERCIAL LEASE SO AS TO GIVE EFFECT TO BOTH
Tenant moved for summary judgment arguing that the premises were “not made broom-clean within 90 days Landlord opposed the motion and cross-moved for summary judgment and: acknowledged that a portion of Supreme court denied tenant’s motion and granted summary judgment to landlord, reasoning that the provision vacant and broom-clean condition within 90 days of the lease signing, tenant was entitled to summary judgment
- Information and Belief Allegations Do Not Suffice to State a Claim for Fraud
statement or opinion made by a judge that is not required as part of the legal reasoning to make a judgment
- THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020 (EFFECTIVE DECEMBER 28, 2020) PROVIDES SIGNIFICANT PROTECTIONS TO, AMONG OTHERS, RESIDENTIAL MORTGAGORS SUFFERING FINANCIAL HA...
The stay includes actions in which “a judgment of sale has been issued prior to the effective date of In such cases “the court shall stay the execution of the judgment at least until the court has held a If a hardship Declaration is returned to the mortgagee or the court “prior to the execution of the judgment

