Under well-settled principles, summary judgment in lieu of complaint is available for an instrument for Appellate Division, First Department applied the foregoing principles in affirming the grant of summary judgment Defendants defaulted on the payments, causing plaintiff to file the motion for summary judgment in lieu Accordingly, the motion court granted plaintiff’s motion and directed the entry of judgment in favor Takeaway As shown above, plaintiff sustained her initial burden of demonstrating entitlement to judgment

Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint applicable, provides: When an action is based upon an instrument for the payment of money only or upon any judgment , the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting No default judgment may be entered pursuant to subdivision (a) of section 3215 prior to the hearing date CPLR 3213 provides that the return date of a motion for summary judgment in lieu of complaint shall,

In turn, McDonnell moved for summary judgment dismissing, inter alia , the champerty claim arguing “that

Hyatt Corp. , granted summary judgment to the defendant/third-party plaintiff on its claim for failure Hyatt moved for summary judgment on plaintiff’s claims as well as on its third-party claims against Securitas Supreme court denied Hyatt summary judgment dismissing plaintiff's complaint and as against Securitas The First Department noted that a “party moving for summary judgment on its claim for failure to procure burden in opposing Hyatt’s motion, stated: Securitas failed to raise an issue of fact precluding summary judgment

pursuant to CPLR 3215(c) due to lender’s failure to take any “proceedings toward entry of a default 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 Since failed to demonstrate a reasonable excuse for its delay in seeking a default judgment, we need

as discussed in previous articles, a foreclosing mortgagee demonstrates prima facie entitlement to judgment Over borrowers’ opposition, supreme court granted lender’s motion for summary judgment and determined Thereafter, lender moved to confirm the referee’s calculation report and for a judgment of foreclosure and sale and Borrowers cross-moved to renew their opposition to lender’s summary judgment motion.  A party seeking summary judgment should anticipate having to lay bare its proof and should not expect

The CPLR, however, permits a judgment creditor to obtain a “renewal judgment,” which would operate to The judgment in such action shall be designated a renewal judgment and shall be so docketed by the clerk of the original judgment.   1991 judgment to be renewed as of March 1, 2005, the date the renewal judgment was granted….”  a renewal judgment, nunc pro tunc.  

sufficiency of a foreclosing lender’s evidence submitted in support of an application for a default judgment Lender moved for a default judgment and for an order of reference.  The borrowers appealed from both the default order and the judgment of foreclosure of sale. from such a judgment brings up for review those matters which were the subject of the contest before evidence submitted by lender on its motion for a default judgment failed to satisfy the requirements

at a foreclosure sale, the court appointed referee distributes the proceeds of sale pursuant to the judgment In such cases where a deficiency may result, the Court may issue a deficiency judgment pursuant to RPAPL A deficiency judgment should bear some definite relation to the real value of the property, rather than Accordingly, RPAPL 1371(2) provides that the “deficiency judgment shall be for an amount equal to the A motion for a deficiency judgment must be made within ninety days of the delivery of the deed to the

The impact of a verified pleading on a motion for summary judgment was recently considered by the court There, the Court denied a motion for summary judgment on the grounds that, inter alia , the verified On a motion for summary judgment, the moving party must make a prima facie showing that it is entitled This is because “summary judgment is a drastic remedy, the procedural equivalent of a trial. that it is entitled to judgment as a matter of law.

Sweeney of the Supreme Court, Kings County reiterated this principle by granting summary judgment to Defendants moved for summary judgment dismissing Moore’s complaint in its entirety. Moore cross-moved for summary judgment on both causes of action and sought judgment for unpaid salary motion with respect to Moore’s fraudulent inducement claim and denied Moore’s cross-motion for summary judgment Accordingly, the Court granted Defendants’ motion for summary judgment dismissing Moore’s fraud-in-the-inducement

This BLOG has addressed issues surrounding a plaintiff’s failure to seek a default judgment within 1 In the event that a plaintiff obtains a default judgment, there are several methods that may be employed While some might expect leniency from a court when a default judgment for failure to appear is entered On September 26, 2018, the Kelley plaintiff moved for a default judgment, on notice.  Further, he waited 2½ months before moving to vacate the default judgment.