The defendants defaulted and the lender moved for a default judgment and an order of reference. subsequent motion for leave to file a late answer was granted and the lender’s motion for a default judgment The lender then moved for summary judgment (and for reargument of its default judgment motion) and the defendants cross-moved for summary judgment and to quiet title pursuant to RPAPL § 1501(4) . argued, unsuccessfully, that, based on the “permissive” language in the mortgage that the lender “may” accelerate

Defendants moved for summary judgment to dismiss the third and fourth causes of action of the amended the transfers but for a significant period thereafter; that Richard did not make himself insolvent or judgment proof with the transfers; and that plaintiffs knew that Richard had assets to satisfy any judgment entered The Court held that “defendants failed to establish their prima facie entitlement to judgment as a matter solvent or made insolvent by the transfers; whether Richard and Ineva had the ability to satisfy a judgment

Subsequently, the lender was granted summary judgment by an order that directed it to move for a judgment The owners moved for summary judgment on their claims under RPAPL 1501(4) and to dismiss the lender’ The motion court granted the owner’s motion for summary judgment as related to RPAPL 1501(4) and denied limitations , found that the lender’s claim was time-barred, and, thus, the owners’ motion for summary judgment The commencement of the ction accelerated the debt and the limitations clock began to run at that time

office, for their roles in an alleged $300 million Ponzi scheme related to Drive Planning’s “Real Estate Acceleration admitting or denying the allegations in the complaint, Defendant B consented to the entry of a final judgment a Ponzi scheme through Drive Planning, selling unregistered securities in the form of “Real Estate Acceleration admitting or denying the allegations in the complaint, Defendant B consented to the entry of a final 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 stringent – requirement that the action be based on an instrument for the payment of money only or a judgment

There are several mechanisms by which a judgment creditor can enforce a money judgment against a judgment For example, CPLR 5018 permits a judgment to be docketed against real property of the judgment creditor Once a judgment is docketed, it becomes a lien against the judgment debtor’s interest in real property One of the many perks of being a judgment creditor with a docketed judgment against the judgment debtor The petitioner in Retrievable , was the assignee of a judgment creditor’s interest in a judgment docketed

The case involved a motion for summary judgment involving claims that Defendant, Corrib Oil Co. On June 24, 2016, FCStone commenced the action by filing a summons and motion for summary judgment in On August 7, 2017, FCStone filed a motion for summary judgment. The First Department’s Decision In granting summary judgment and rejecting Corrib’s fraud-based counterclaims

jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment lenders designed to avoid statute of limitations issues in residential mortgage foreclosure actions by accelerating to nonappearance for conference or at a calendar call, or by failure to timely submit any order or judgment , or upon a final judgment upon the merits, the original plaintiff … may commence a new action upon the Please see the BLOG tile on our website and search for “statute of limitations” and/or “acceleration

While lender obtained a judgment of foreclosure and sale, it moved to vacate same in order to have a corrected judgment entered in its place.  The corrected judgment was never entered and the action was never discontinued or dismissed.  The actions are at very different procedural stages, with an order of reference and a judgment of foreclosure and sale having been entered already, though the judgment was vacated on motion, in the 2008 action.

Werner Kornreich of the Supreme Court, New York County, Commercial Division granted a motion for summary judgment On June 24, 2016, FCStone commenced the action by filing a summons and motion for summary judgment in On August 7, 2017, FCStone filed a motion for summary judgment. The Court’s Decision As an initial matter, the Court observed that Corrib sought to avoid summary judgment

whether personal jurisdiction over the defendants was necessary in order to enforce a foreign-country judgment Emirates Islamic Bank concerned a motion for summary judgment in lieu of complaint brought by plaintiff , Emirates Islamic Bank PJSC, to enforce a foreign-country judgment entered against defendants. Under CPLR 3213, a plaintiff may seek summary judgment in lieu of a complaint “ hen action is based The purpose of the statute “is to provide an accelerated procedure where liability for a certain sum

Beal, plaintiffs sought a default judgment against defendant, alleging that he failed to respond to their Under CPLR 3215(c), plaintiffs were required to seek a default judgment within one year of the default CLPR 3215(a) permits a plaintiff to seek a default judgment against a defendant who has failed to respond begins to run at the time of a defendant’s default.[5] If a plaintiff fails to seek a default judgment First, timeliness is critical when seeking a default judgment.