failed to answer or appear and, accordingly, the court granted plaintiff’s motion to enter a default judgment The Jean seller’s motion to vacate the default judgment was denied by supreme court and an appeal ensued The Court also rejected defendants argument to vacate the default judgment pursuant to CPLR 317 , which appear may be allowed to defend the action within one year after he obtains knowledge of entry of the judgment

shareholder of the company, then he or she has no right to vindicate the company’s rights and obtain a judgment

In 2008, plaintiff, by her mother, commenced an action against Deveaux and, in 2009, obtained a judgment Plaintiff moved for summary judgment on the cause of action seeking relief pursuant to DCL § 273.

to the plaintiff in that action, regardless of intent, if the defendant fails to satisfy a resulting judgment

2018) ( here ), where the Second Department reversed the denial of a pre-discovery motion for summary judgment They reflect a legislative judgment that defendants should be protected from stale claims. thereafter, and prior to any discovery taking place between the parties, Greystone moved for summary judgment On May 4, 2016, the motion court issued a brief decision on the summary judgment motion, finding that In the second summary judgment decision, the motion court explained that the information alluded to by

Face Civil Penalties In September, the SEC announced (here) that a federal district court entered judgments Canellas consented to the entry of a judgment permanently enjoining him from violating the antifraud Mullikin consented to the entry of a judgment permanently enjoining him from violating the antifraud On April 18, 2018, a federal court entered judgments against DiCarmine and Sanders in an SEC enforcement Sanders consented to the entry of a judgment permanently enjoining him from violating the Securities

Defendants moved for summary judgment. The motion court granted the motion.

Following discovery, both parties moved for partial summary judgment. Plaintiffs sought summary judgment on the interest due for the belated payment. In addition to the foregoing, plaintiffs moved for summary judgment on Kesha’s fraudulent inducement

receiver of the property may be appointed, before or after service of summons and at any time prior to judgment relate to temporary receiverships under Article 64 of the CPLR, which do “not continue after final judgment

contribution … is that the breach of duty by the contributing party must have had a part in causing or augmenting King’s obligations, alleging: (1) breach of contract, (2) contractual indemnification, (3) declaratory judgment Allergan is also notable for its holding concerning the ripeness of a declaratory judgment claim for

As is typically the case, defendant moved to vacate a default judgment after a restraining notice was The Court then discussed that “ second provision for obtaining relief from a default judgment is found After the defendant failed to appear in the action, the Dwyer court entered judgment against it for Four months after the default order and one month after the entry of judgment, defendant move to vacate and/or the cost, expenses and uncertainty of seeking to have a default judgment vacated.

such lawsuits, they are not, however, favored because “they ask courts to second-guess the business judgment reasonably necessary about the transaction, or (3) the directors failed to exercise their business judgment Although a pre-suit demand can be excused because the directors failed to exercise their business judgment “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to bad faith” to show that the subject transaction “could not have been the product of sound business judgment