The motion court granted the lender’s first motion for summary judgment on the amended complaint, dismissing Two and one-half years later, the lender made a similar summary judgment motion that was also granted by “deleting the provisions thereof granting those branches of the 's motion which were for summary judgment Accordingly, the properly granted that branch of 's motion which was for summary judgment dismissing it moved to discontinue an earlier action prior to the expiration of the statute of limitations its acceleration

Because it lacks a legitimate economic foundation, its survival depends entirely on the continuous and accelerating The SEC sought a final judgment ordering Defendant to pay disgorgement, prejudgment interest, and civil On February 4, 2026, the Court entered the consent judgment.³ _________________________________ Jeffrey

The law on statute of limitations and acceleration in mortgage foreclosure actions is discussed in the Borrower moved to dismiss the new action as time-barred because by the first action, the debt was accelerated but never de-accelerated, and the second action was commenced more than six years thereafter.  Supreme Court should have denied those branches of the plaintiff's cross motion which were for summary judgment evidence in admissible form, its standing as part of its prima facie showing on a motion for summary judgment

CPLR § 3213 is a procedural mechanism that allows a party to make a motion for summary judgment before filing a complaint in actions based upon “an instrument for the payment of money only or a judgment. The purpose of the statute “is to provide an accelerated procedure where liability for a certain sum issue was joined.” 2   The provision is “intended to provide a speedy and effective means of securing a judgment Plaintiff, Irwin Funding, LLC, moved under CPLR § 3213 for summary judgment in lieu of complaint against

Sometimes, a party may conclude that the facts and law necessitate the filing of a motion for summary judgment Regardless of the timing, the moving party must establish their prima facie entitlement to judgment as The defendants moved for summary judgment dismissing the complaint, arguing, among other things, that UB opposed the motion and cross-moved for summary judgment dismissing the defendants’ counterclaims. The Standard on Summary Judgment A defendant seeking summary judgment bears the initial burden of demonstrating

s motion to dismiss the complaint pursuant to CPLR 3211(5) (statute of limitations) and for summary judgment on the counterclaim to discharge the mortgage and denied plaintiff’s motion for summary judgment on Thus, “the terms of the mortgage may contain an acceleration clause that gives the lender the option Once the mortgagee’s election to accelerate is properly made, “the borrower’s right and obligation to The statute of limitations begins to run anew on the entire debt upon acceleration. 

. §202.48 – “Submission of orders, judgments and decrees for signature”, which provides, in relevant part: (a) Proposed orders or judgments, with proof of service on all parties where the order is directed Nonetheless, the judgment of foreclosure and sale was entered on November 21, 2018. without expressly directing that the order or judgment be submitted on notice. As to the judgment of foreclosure and sale, the Court stated: Regarding the judgment of foreclosure

Sometimes the Court renders a decision on a motion instead of issuing an order or judgment. Rule 202.48 provides, in pertinent part: Section 202.48 Submission of orders, judgments and decrees for (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to Eleven months after the verdict, counsel submitted a proposed judgment for entry and defense counsel without expressly directing that the order or judgment be submitted on notice.

for the court to consider; or, (b) submit or settle an order or judgment, on notice, for the court’s and decrees for signature”, which provides, in relevant part: (a) Proposed orders or judgments, with a deficiency judgment against borrower was denied “on the ground that it had been abandoned.” A proposed judgment was not submitted by the plaintiff until November 2022. without expressly directing that the order or judgment be submitted on notice.

by the Appellate Division, Second Department, that involves, inter alia , the statute of limitations/acceleration According to the Mortgage, the lender could accelerate the loan if, inter alia, the borrower died and or invalidate, or otherwise destroy, the lender’s express invocation of the contractual election to accelerate The six-year statute of limitations began to run on the accelerated balance upon the commencement of Footnotes This BLOG has frequently addressed issues related to statute of limitations/acceleration in

of the Supreme Court, Nassau County, holding that defendant failed to establish its entitlement to judgment Defendants moved for summary judgment dismissing the complaint. The decision also serves as a reminder concerning the proof required to prevail on summary judgment. A defendant moving for summary judgment must affirmatively establish its entitlement to judgment as a As a result, the Court denied summary judgment.

Because the judgment of foreclosure conclusively resolved, or could have resolved, issues relating to of foreclosure.[6] “As such,” said the Court, “the judgment of foreclosure and sale encompassed all The Court reaffirmed that once an action results in a final judgment, the parties are bound not only The Court further emphasized the finality afforded to judgments. in plaintiff’s favor would undermine the finality of the judgment of foreclosure.