DiGesare moved for summary judgment on its first, second and fourth causes of action (breach of contract against Liberty Mutual on the obligations of the Payment Bond), and Defendants cross-moved for summary judgment existed as to whether Marx had breached the contract, and granted Defendants’ cross motion for summary judgment

subject of today’s post, the plaintiff met its burden and successfully withstood a motion for summary judgment Following discovery, Brookstein moved for summary judgment dismissing the complaint against him and Town-Line cross moved for summary judgment on the issue of liability as against Brookstein. The Appellate Division, Second Department, reversed the grant of summary judgment in favor of Brookstein The Court also held that the motion court correctly denied the cross motion for summary judgment, noting

<2> for its own negligence), and the bank offered no evidence whatever of general rules or usage, judgment The Second Department affirmed supreme court’s denial of bank’s motion for summary judgment seeking to

McKeown and Ryan ( here ), the SEC obtained judgments ( here ) against a Canadian couple who used their

Plaintiff moved for summary judgment, claiming, inter alia , that the Statute of Frauds barred the breach

residential mortgage foreclosure actions are a good reminder of the importance of promptly moving for default judgments Rules provides, in pertinent part, that: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint Finally, a default judgment need not be obtained within one year, as long as proceedings to obtain a default judgment have been initiated

other agreement, to give effect to the parties’ intention; (2) the courts will not substitute their judgment in December 2019 following an arbitration between the parties (the “Award”), and (2) enter a money judgment

In December of 2012, defendant commenced an action in which he sought a declaratory judgment that plaintiff into a “so-ordered” stipulation (the “Stipulation”) in which the plaintiff consented to the entry of a judgment

Supreme court denied plaintiff’s motion for a default judgment and granted defendants’ motion to dismiss In deciding summary judgment motions from both sides, supreme court “was apparently of the view that

In 2402 East, the First Department, inter alia , affirmed the motion court’s grant of summary judgment

Supreme court denied plaintiff’s motion for summary judgment on its first and second causes of action and granted to plaintiff summary judgment dismissing defendant’s counterclaims.  However, upon “searching the record” supreme court awarded defendant summary judgment dismissing plaintiff supreme court, that “the evidence submitted by the parties in connection with the motion for summary judgment

Following discovery, defendants moved for summary judgment to dismiss, among other claims, the fraudulent Defendants argued that summary judgment was appropriate because Yuen was not damaged by the alleged misrepresentation contract and those sounding in tort and protects defendants from disproportionate damages awards that a judgment