full disclosure by withholding the very information the beneficiary needs in order to make a reasoned judgment

The First Department found that “a separate exercise of judgment, and thus a separate wrong, was committed

While the motion court granted Harbour’s motion for a judgment of foreclosure and sale, the quantum of Overbay demanded a pay-off letter in order to “satisfy the judgment with the proceeds of a construction

have substantial discretion in regulating the scope of discovery” and declining to second-guess that judgment

4101, which provides in part that a jury trial is available in actions in which a party demands “a judgment

Thereafter, plaintiff moved for, inter alia , a default judgment against Dedvukaj and for an order of Dedvukaj cross-moved for a default judgment against plaintiff for failure to answer their counterclaims Subdivision (h)(2), which appears in a subsection entitled "Entry of Orders and Judgments and Notice In the alternative, a party may serve a copy of the order or judgment and written notice of its entry If service is made in hard copy by any such method and a copy of the order or judgment and notice of

an order as follows:  (a) If the plaintiff appears but the defendant does not, the judge may grant judgment

CPLR 3001 enables Supreme Court to grant declaratory judgments in the context of justiciable controversies A declaratory judgment is a useful tool for providing clarity as to parties' obligations and may, in However, a declaratory judgment is merely one form of relief available to litigants in enforcing a contract The Court also found that the declaratory judgment waiver was not rendered unenforceable because, “under Here, because plaintiffs' declaratory judgment action was barred by the lease waiver, there was no pending

Following motion practice and discovery, defendants moved for summary judgment on, among others, plaintiff

Such allegations, concluded the motion court, “amount to a disagreement with Defendants’ business judgment

Supreme Court denied each party’s motions for summary judgment on liability.

$1,436,072.56 in restitution to PPG in the form of a $500,000 bank check and a $936,072.56 confession of judgment