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Search results for "accelerated judgment"
751 results found for "accelerated judgment"
- Court Holds Text Message Inadmissible Evidence to Support Breach of Contract Claim
Following discovery, both sides moved for summary judgment. Castaldi contended that he was entitled to partial summary judgment on the first cause of action for Alternatively, he sought summary judgment on the issue of liability on the first cause of action.
- Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
Supreme Court vacated the petition, confirmed the award and entered judgment in favor of respondent.
- Enforcement News: SEC Charges Seven Individuals and A Technology Company for Perpetrating A Scheme to Gain Control of a “Penny Stock” Company and Defraud Investors
without admitting or denying the allegations in the complaint, Rabin consented to the entry of a final judgment
- First Department Holds Alleged Fraud Invalidates Amendment to ByLaws Requiring Exclusive Jurisdiction in Delaware
The First Department reversed, vacated the judgment issued in connection with the motion court’s decision
- Second Department Shorts: Two Cases, One Element of Fraud
Before the Second Department was an appeal of an order granting defendant summary judgment and rescission The defendants established their prima facie entitlement to judgment as a matter of law through evidence Accordingly, the Court affirmed the motion court’s grant of summary judgment and rescission of the insurance
- The Second Department “Clarifies” Procedural, Substantive, and Evidentiary Law in Foreclosure Cases
Supreme Court granted lender’s motion for summary judgment, appointed a referee to compute and dismissed The Court began by analyzing the general standards for the granting of summary judgment motions. Thus, the Court stated that “a motion for summary judgment will not be granted if it depends on proof The Court, however, determined that the Supreme Court should not have granted summary judgment to BONY
- Court Holds Party Fails to Make Prima Facie Entitlement to Liquidated Damages Despite Breach of Agreement
The Law Firm Defendants moved for summary judgment dismissing the second cause of action for breach of contract based on allegations that they failed to pay a non-discretionary bonus to Rubin; and granting judgment The motion court denied the Law Firm Defendants’ motion for summary judgment on their counterclaim for
- The Importance of Following Termination Provisions of Construction Contracts
Lawrence University , 301 A.D.2d 726 (3 rd Dep’t 2003), in affirming the motion court’s grant of summary judgment The East Court granted East’s motion for partial summary judgment as to liability and, in so doing,
- Tolling and The Continuing Wrong Doctrine
The First Department found that “a separate exercise of judgment, and thus a separate wrong, was committed
- FISH TALES AND MECHANIC’S LIENS – WILLFUL EXAGERATION UNDER SECTIONS 39 AND 39-a OF NEW YORK’S LIEN LAW
On the motion for summary judgment of the general contractor and its surety, the motion court awarded Because the general contractor and its surety “contended in their motion for summary judgment, and the
- Enforcement News: SEC Brings Fraud Charges Against Co-Founder of IIG For Role In A $60 Million Ponzi-Like Scheme
On March 30, 2020, the SEC obtained a final judgment (here) on consent that enjoined IIG from violating
- New Program Instituted In Supreme Court To Expedite Qualifying Residential Mortgage Foreclosure Actions
Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE,’” “ The Second Department Denies Summary Judgment of Evidence Presented on the Motion ” and “ The Second Department Reverses Another Grant Of Summary Judgment (to the extent that an answer was interposed by one or more of the defendants), a default judgment ( Among other things, the Judgment of Foreclosure and Sale is the document that fixes the amounts due to Public advertising of the sale in a publication set forth by the court in the Judgment of Foreclosure
