Respondents moved, inter alia , for summary judgment dismissing the amended petition, and Petitioner the appointment of a temporary receiver and denied Respondents’ motion insofar as it sought summary judgment Accordingly, the Court affirmed the denial of summary judgment, holding “that a hearing should be held

A decline in financial capacity can materially impair a person’s financial judgment and render him/her Without admitting or denying the allegations in the complaint, Matthes consented to the entry of a judgment

for breach of the Original Operating Agreement and the Limited Liability Company Law; (2) declaratory judgment

contribution ... is that the breach of duty by the contributing party must have had a part in causing or augmenting Any payment or settlement prior to judgment is a voluntary payment; however, a tortfeasor who settles after judgment is not a volunteer.

Plaintiff appealed from an order that granted defendant’s motion for summary judgment limiting damages

Kel Kim sought a declaratory judgment that it should be excused from the insurance obligation because The motion court granted summary judgment against Kel Kim, and the Third Department affirmed. Plaintiff moved for summary judgment in lieu of complaint pursuant to CPLR § 3213. , the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting The Court’s Ruling The Court granted the motion for summary judgment.

Justice Eileen Bransten of the Supreme Court, New York County, granted a defendant’s motion for summary judgment Doherty and Spence moved, pursuant to CPLR 3212, for partial summary judgment as to liability on their For his part, Gasarch moved for summary judgment to dismiss the complaint as against him on the grounds The Court found that “Gasarch ha established … prima facie entitlement to summary judgment dismissing illustrates the factual difficulties a plaintiff must overcome to satisfy this burden, especially on summary judgment

from, the motion court, inter alia , denied those branches of Levy’s motion which were for summary judgment motion court’s “determination denying those branches of the plaintiff’s motion which were for summary judgment

Slip Op. at *1 In SFR , the Court unanimously affirmed the denial of motions for summary judgment (except Plaintiff also sought a declaratory judgment. Defendants moved to dismiss the complaint. Following the completion of discovery, defendants moved for summary judgment on the fraudulent inducement Plaintiffs moved for summary judgment on the fraud claim.

Jan. 2, 2020) ( here ), the Appellate Division, Third Department affirmed the judgment of the Supreme Thereafter, Supreme Court granted plaintiffs’ motion for partial summary judgment, finding, as relevant

” said Judge Fahey, “the majority has treated defendant’s motion to dismiss as a motion for summary judgment

is waived if, having raised such an objection in a pleading, the objecting party does not move for judgment