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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- Everything You Wanted To Know About Replevin, But Were Afraid To Ask
Plaintiff subsequently moved for, among other relief, summary judgment on the first, fourth, eighth, for, among other relief, leave to reargue those branches of its prior motion which were for summary judgment promissory note, the Court held that “plaintiff established, prima facie, its entitlement to summary judgment
- Breach of Fiduciary Duty, Fraud and the Broken Friendship
Following joinder of issue, plaintiffs moved for summary judgment on their claims for breach of fiduciary ="judgment decision. Plaintiffs moved for summary judgment on, inter alia , their breach of fiduciary duty and fraud claims “In view of the foregoing,” the Court found “that plaintiffs were not entitled to summary judgment on Does this mean that parties should not move for summary judgment?
- Pleading Reasonable Reliance Is “Always Nettlesome”
Finally, they represented that they were unaware of any judgment, encumbrance, lien or claim of right
- Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta
Lerman began as a motion for summary judgment in lieu of complaint arising out of an agreement between
- COURT OF APPEALS CERTIFIES TO THE SECOND CIRCUIT THE ANSWER TO, INTER ALIA, THE QUESTION: HOW CAN A BORROWER REBUT A LENDER’S PROOF OF COMPLIANCE WITH RPAPL 1304 WHEN THAT PROOF IS IN THE FORM OF A...
Lender moved for summary judgment and argued that it met “its prima facie entitlement to a judgment the motion, the District Court adopted the recommendation of the Magistrate Judge and granted summary judgment
- The Absence of a Single Statute of Limitations for Breach of Fiduciary Duty Claims
“The conduct that is alleged,” explained the Court, “involve ‘allegedly impaired professional judgment
- Court-Ordered and Statutory Deadlines are Not Optional, Says the First Department
deadlines set by the CPLR and the judge before whom the case was pending for filing a motion for summary judgment Justice Green’s individual rules required that motions for summary judgment be filed within 120 days Justice Guzman’s rules require that “a motion for summary judgment shall be made no later than sixty , 2017, approximately 43 days after the February 14 deadline, defendants filed a motion for summary judgment With the emphasis on compliance, the Court concluded that “defendants’ motions for summary judgment and
- Whose Law Applies Anyway?
Agreement and challenging the repurchase of her Units. 2 On October 6, 2021, Greentech moved for summary judgment
- Enforcement News: SEC Charges Bank With Misleading Investors About The Strength Of Its BSA/AML Compliance Program And Its Monitoring of Crypto Customers
Without admitting or denying the allegations, SCC agreed to a final judgment ordering it to pay a $50
- No Damages, No Claim, Problem
The motion court directed that judgment be entered in defendants’ favor. Plaintiffs appealed.
- FOURTH DEPARTMENT HOLDS THAT PRELIMINARY INJUNCTIVE RELIEF IS NOT AVAILABLE FOR BREACH OF A CONTRACT WITH A LIQUIDATED DAMAGES CLAUSE BECAUSE CONTRACTUAL MONETARY DAMAGES UNDERMINES THE “IRREPARABL...
violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, or in any action where the plaintiff has demanded and would be entitled to a judgment restraining Plaintiff, landlord, commenced action seeking a declaratory judgment and asserting causes of action for
- APPELLATE DIVISION, SECOND DEPARTMENT, VALIDATES MORTGAGE FORECLOSURE DEFENDANTS’ CRIES OF “LEAVE ME ALONGE”
The motion court granted plaintiff’s motion for summary judgment, struck defendants’ answer and appointed referee to compute the amounts due to plaintiff and denied the defendants’ cross-motion for summary judgment Since the plaintiff failed to establish, prima facie, its standing, summary judgment should have been
