After borrowers interposed their answer, lender moved for summary judgment on the complaint, to strike Borrowers cross-moved for summary judgment dismissing the complaint on the ground that lender failed that summary judgment was properly denied to borrowers, stating that: Here, in support of its motion Conversely, also failed to establish that they were entitled to summary judgment dismissing the complaint A defendant still has to meet its burden, on a cross motion for summary judgment dismissing the complaint

Landlord moved for summary judgment dismissing the second cause of action based on the plain language

article, titled “Court Dismisses Complaint Charging Misappropriation of Intellectual Property on Summary Judgment Justice Saliann Scarpulla, granted Verizon’s motion for summary judgment, dismissing Hyperlync’s misappropriation

would stop the statute of limitations clock running on the prior acceleration. Lender commenced a second foreclosure action in 2012 in which lender moved for a default judgment and to RPAPL 1501(4) to cancel and discharge the mortgage of record and subsequently moved for summary judgment Lender cross-moved for summary judgment. demonstrating entitlement to relief under RPAPL 1501(4) and stated: Here, in support of its motion for summary judgment

In Onewest, the Court found that the “plaintiff further established its prima facie entitlement to judgment While the LNV Court denied summary judgment to the lender for different reasons, compliance with RPAPL Hart , decided by the Second Department on June 10, 2020, the Court reversed the grant of summary judgment

The Court also found that a 2014 “de-acceleration letter” did not operate to de-accelerate the loan because According to the plain language of FAPA, it “applies to pending suits ‘in which a final judgment of foreclosure The motion court denied the borrower’s motion for summary judgment dismissing the complaint on statute loan was de-accelerated. The borrower renewed its motion for summary judgment after the passage of FAPA arguing that the new CPLR

payments are payable in installments, the six-year period runs from each missed payment, but, upon acceleration , the statute of limitations begins to run anew on the entire accelerated debt. Acceleration can be accomplished by making a demand for payment of the full amount due under the subject The lender moved for summary judgment and the borrower cross-moved for summary judgment dismissing the For a concise explanation of the inter relationship between the statute of limitations, acceleration

Thereafter, plaintiff moved for summary judgment. In response, defendant borrower cross-moved for summary judgment dismissing the complaint on statute Among other things, supreme court denied plaintiff’s motion for summary judgment, granted defendant borrower ’s motion for summary judgment on statute of limitation grounds and, sua sponte, imposed an equitable court, the Second Department held that defendant borrower “established her prima facie entitlement to judgment

In First Franklin , a judgment debtor transferred property subject to a foreclosure sale to a company The lower court entered an order of reference in March 2010, and a Judgment of Foreclosure and Sale in found” the transfer to be fraudulent and, therefore, null and void:  The court correctly found that judgment transfer was $10.00; (3) the transferor had knowledge of the creditor’s claim: Merchant knew of the judgment

all actions commenced on[, as relevant here, a residential mortgage loan agreement,] in which a final judgment The motion court denied the parties’ subsequent cross-motions for summary judgment on the issue of BONY “So Ordered” stipulation that stated: “‘based upon’ Supreme Court's affirmed order denying summary judgment and the borrower cross-moved for summary judgment. , as is customary in reviewing economic and social regulation, courts properly defer to legislative judgment

Both parties moved for summary judgment. The lender, among other things, argued that CMC’s acceleration of the Senior Mortgage was invalid. of FAPA provides that the law "shall apply to all actions commenced on [a mortgage] in which a final judgment Accordingly, summary judgment was granted to Article 13 LLC.  designed to rewrite an unintended judicial interpretation and (3) the statute reaffirms a legislative judgment

Defendants moved for summary judgment on, inter alia , the following grounds: 1) Plaintiffs’ claims were was not “the rare circumstance in which the issue of reasonable reliance be resolved at the summary judgment Norddeutsche, the First Department made a point of noting that the case before it came at the summary judgment those aggrieved by fraudulent misconduct will survive motions to dismiss, let alone motions for summary judgment