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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- Purchasers Should Take Mortgage Contingency Clauses Literally
2012) (citations omitted) (“the buyer met her burden of establishing her prima facie entitlement to judgment The motion court denied plaintiff’s motion for summary judgment and granted defendant’s cross-motion The Second Department affirmed the motion court’s order and remitted the matter for the “entry of a judgment
- Contracts that Say What They Mean, Mean What They Say
Thereafter, plaintiff moved for summary judgment in its favor. On appeal, the Appellate Division, First Department vacated the judgment as against Greco, and otherwise
- SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment Borrower, in turn, cross-moved for summary judgment dismissing the complaint and on its eighth counterclaim
- CONDITIONAL ORDERS OF DISMISSAL PURSUANT TO CPLR 3216
action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment Notice of Pendency unless Plaintiff files a note of issue or otherwise proceeds by motion for entry of judgment
- The Purchase of Andy Warhol’s “Uncle Sam” Screen Print Edition 1/5 and The Dispute That Followed
After defendants failed to answer, plaintiff moved for a default judgment, which was granted on February In May 2020, defendants moved to vacate the default judgment and in September 2020, the parties stipulated to vacate the default judgment that had been entered.
- Derivative Litigation, Documentary Evidence and The Lack of Legal Capacity to Sue
shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a judgment shareholder of the company, then he/she has no right to vindicate the company’s rights and obtain a judgment Materials that qualify as “documentary evidence” include judicial records, such as judgments and orders
- Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied
Materials that clearly qualify as “documentary evidence” include judicial records, such as judgments
- REFORMATION OF CONTRACTS
Supreme court granted lender’s motion for summary judgment and appointed a referee to compute. On appeal, the Second Department found that plaintiff was entitled to summary judgment on foreclosure
- Failure to Consider Theories Raised by Plaintiff in Prior Action Spells Denial of Dismissal of Second Action on Res Judicata Grounds
Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior
- Second Department Rejects Buyer’s Cause of Action for Specific Performance
court considered “evidentiary material without converting the motion to dismiss to one for summary judgment
- Sophisticated Parties, Precise Pleading, Fraud, and the Limits of NDAs in Transactions
fraudulent concealment, misrepresentation, and inducement against all defendants, as well as declaratory judgment
- Issues of Fact Prevent Application of The Voluntary Payment Doctrine, Says The First Department
While the motion court granted the defendant’s motion for a judgment of foreclosure and sale, the quantum Overbay demanded a pay-off letter in order to “satisfy the judgment with the proceeds of a construction
