conditions “in an amount equal to one hundred ten percent of such lien conditioned for the payment of any judgment

fraudulent concealment, misrepresentation, and inducement against all defendants, as well as declaratory judgment

jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment

independent; or (2) the challenged transaction was otherwise the product of a valid exercise of business judgment complaint was filed, the board could not have properly exercised its independent and disinterested business judgment is “possibly the most difficult theory in corporation law upon which a plaintiff might hope to win a judgment

In National Union , the insurance companies sought a judgment declaring that they were not obligated On March 2, 2016, the Court granted TransCanada’s motions for partial summary judgment in both actions , and awarded it a judgment declaring that the insurance policy at issue covered the incident and a claim for loss of capacity sales; the Court denied the insurance companies’ motion for partial summary judgment would be included in the damages calculations to be submitted to the Court for inclusion in a final judgment

February 26, 2021, the motion court issued a decision and order granting plaintiffs’ motion for summary judgment

Subsequently, by letter dated January 30, 2015, GACC notified Veneto that it had accelerated the Loan , and, as such, the full outstanding balance on the Loan was immediately due and payable (the “Acceleration Proceedings Plaintiffs commenced the action on June 1, 2015, asserting claims for: (1) a declaratory judgment fiduciary duty to Veneto; (7) permanent equitable relief ordering GACC to withdraw the Default Notice and Acceleration

in the Blog < The=">The" Second="Second" Department="Department" Denies="Denies" Summary="Summary" Judgment ="Judgment" to="to" Another="Another" Foreclosing="Foreclosing" Mortgagee="Mortgagee" Due="Due" the=" Anderson , 161 A.D.3d 1043 (2018), did not find lost note affidavits persuasive and denied summary judgment

’s Standing To Commence A Mortgage Foreclosure Action ” and  ” The Second Department Denies Summary Judgment The plaintiff moved for summary judgment and for an order of reference.  the appeal, now with retained counsel, the defendant urged that the plaintiff’s motion for summary judgment Department “modified” the Supreme Court’s order by substituting the provision granting the plaintiff summary judgment

Jeffrey Haber Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment

the law “presumes imputation even where the agent acts less than admirably, exhibits poor business judgment surrounding application of the adverse interest exception precluded dismissal of the action on summary judgment The motion court held that the exception did not apply and granted summary judgment to the defendants As such, denial of summary judgment was deemed appropriate.

objections to this conclusion proved unavailing, Bellstell brought the action, seeking a declaratory judgment Bellstell moved for summary judgment on its claims. Seven Park Avenue also moved for summary judgment, seeking dismissal of Bellstell’s claims and a declaration The Court’s Decision As an initial matter, the Court noted that “ he parties’ respective summary-judgment