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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- The Three Factors That Determine Whether a Financing Arrangement Is a Loan Under New York Law
plaintiff commenced the action for breach of the agreement and personal guarantee and moved for summary judgment
- “Can I Sue ‘em For My Legal Fees?”
Six years later, after a trial on both liability and damages, judgment was entered in plaintiff’s favor the damages award only (as it did not challenge the jury’s verdict that it breached the lease), the judgment Judgment on the attorney’s fees issue was ultimately entered against tenant in an amount exceeding $1.6
- UPDATE ON TEMPORARY NEW YORK STATE RESIDENTIAL AND COMMERCIAL FORECLOSURE PROTOCOLS
conferences may be held in matters in which all parties are represented by counsel; b. a motion for a judgment discontinue a case and only in matters addressing vacant and abandoned property, will a court issue a judgment
- THE SECOND DEPARTMENT DECIDES INTERESTING ISSUES UNDER RPAPL §1304
152 A.D.3d 579, 58 N.Y.S.3d 150 (2017) , in which the Second Department reversed the grant of summary judgment In “The Second Department Reverses Another Grant of Summary Judgment to a Foreclosing Lender on a Home Zavolunov , 157 A.D.3d 754 (2 nd Dep’t 2018), where the Court again reversed summary judgment due to In response to lender’s motion for summary judgment, the borrowers cross-moved for summary judgment based court denied borrower’s cross-motion and granted lender’s motion, which resulted in the entry of a judgment
- Enforcement News: SEC Cracks Down on Misuse of Investor Funds in Investment Pools
Investors relinquish direct control over their funds, relying instead on the manager’s expertise and judgment
- COVID-19 and The Doctrines of Frustration of Purpose and Impossibility -- Revisited
On January 1, 2021, defendant moved for summary judgment on plaintiffs’ claims and for partial summary judgment on a counterclaim for unpaid rent.
- Enforcement News: “Scalping”, Misappropriation and A Whole Lot More
Without admitting or denying the allegations, Govil consented to the entry of a final judgment that enjoins The judgment also provides for the court to order, upon motion of the Commission, additional disgorgement
- Different Factual Predicates and Parties Prevent Dismissal of Subsequent Action On Res Judicata Grounds
Pursuant to CPLR § 3211(a)(5), “a party may move for judgment dismissing one or more causes of action Under the doctrine of res judicata , a party may not litigate a claim where a judgment on the merits Takeaway Res judicata , or claim preclusion, precludes a party from litigating a claim where a judgment
- Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment
On July 13, 2022, the motion court entered an order and judgment granting defendants’ motion, denying
- SECOND DEPARTMENT INVOKES ESTOPPEL TO PREVENT A MORTGAGE FORECLOSURE DEFENDANT FROM ARGUING THAT SHE WAS SERVED WITH PROCESS AT AN IMPROPER ADDRESS
Defendant moved to vacate a judgment of foreclosure and sale pursuant to CPLR 5015 (a)(4) (which permits a litigant to obtain relief from a judgment or order) and to dismiss the action pursuant to CPLR 3211 hearing on whether service of process was proper and for a new determination of whether to vacate the judgment
- Enforcement News: Spotlight on “Cherry-Picking”
District Court for the District of Massachusetts entered final judgment against defendants (here). On January 15, 2021, following a week-long, bench trial, the court entered final judgment in favor of August 21, 2019, the District Court for the Central District of California entered a settled final judgment
- The Arbitrator, Not The Court, Decides Questions of Contract Validity
other agreement, to give effect to the parties’ intention; (2) the courts will not substitute their judgment

