Haber New York has a unique mechanism—summary judgment in lieu of complaint—that allows a party to recover Under this mechanism, which is found in CPLR 3213, a party must make the motion for summary judgment method to recover sums due under an instrument for the payment of money only or a judgment, some plaintiffs On November 14, 2024, plaintiff moved for summary judgment pursuant to CPLR 3212. Merchant , plaintiff filed a complaint and later moved for summary judgment under CPLR 3212.

Haber This Blog has written about the process known as “summary judgment in lieu of a complaint” on several CPLR 3213 allows a plaintiff to move for summary judgment before the complaint is filed, directly challenging facie proof “cannot be drawn from sources outside the agreement itself.”[6] In other words, summary judgment Plaintiff moved pursuant to CPLR 3213 for summary judgment in lieu of complaint to recover $35,347,996.44 The motion court held that summary judgment under CPLR 3213 was not appropriate because the “right to

Haber Over the years, we have examined a motion for summary judgment in lieu of a complaint under CPLR Plaintiff moved for summary judgment in lieu of complaint against defendants under the Guaranty. CPLR § 3213 provides for accelerated judgment where the instrument sued upon is for the payment of money judgment at the outset of the litigation. based upon an instrument for the payment of money only or upon any judgment.”

By the complaint in the First Foreclosure Action, the lender accelerated the loan balance due to it. Note: this BLOG has addressed issues regarding acceleration of loans. The lender’s notice of motion, however, did not seek summary judgment as against the HOA. ground that summary judgment in the lender’s favor was never obtained against the HOA. judgment motion or a motion for leave to enter a default judgment, or at trial ( see generally Christiana

Paragraph 2(c) of the Settlement Agreement authorized plaintiffs to file the confession of judgment to accelerate payment of the unpaid installment balance “plus … reasonable attorney’s fees actually incurred to enforce the judgment.” judgment in this Court … plus … reasonable attorney’s fees incurred to enforce the judgment.” Plaintiffs did not file the confession of judgment to enforce the judgment.

judgment having the effect of a final judgment as to the rights and other legal relations of the parties The “primary purpose of declaratory judgments is to adjudicate the parties’ rights before a wrong actually occurs in the hope that later litigation will be unnecessary.” [1]   A “declaratory judgment does not Pursuant to CPLR 3001, Plaintiffs sought a declaratory judgment that (1) the Key Man Termination was Ct., Suffolk County), judgment entered sub nom. , Gaul v.

Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment Confessions of judgment are used in a variety of circumstances. the judgment was procured by fraud, or the debt owed was void ab initio . two or more transactions attempted by within one calendar month are rejected by bank,” immediately accelerating thereby providing with a means to compel an event of “default” upon which it could then immediately accelerate

plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment ” by filing a summons and motion for summary judgment in lieu of complaint.[1] The statute “provide[s judgment for the amount due by defendants. On December 1, 2024, and pursuant to CPLR 3213, Plaintiffs commenced the action for an accelerated judgment judgment under CPLR 3213.

Under CPLR § 5402(a), to recognize a foreign judgment, a judgment creditor must: (1) file the foreign judgment within 90 days of the date of the judgment’s authentication in the office of any county clerk appearance or by confession of judgment, (ii) that the judgment is unsatisfied in whole or in part, judgment will be treated “in the same manner as a judgment of the supreme court of this state.” a foreign judgment.   

Freiberger In today’s BLOG we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1] Simply stated, armed with a money judgment, a judgment Act.[2] Under CPLR 5402(a), to recognize a foreign judgment, a judgment creditor must: (1) obtain an judgment to be treated “in the same manner as a judgment of the supreme court of this state.” foreign judgment.

Mar. 24, 2026), the Appellate Division, First Department affirmed the denial of summary judgment in a disputes remained as to whether the conduct satisfied the contractual definition of “cause,” summary judgment against defendant for its “wrongful termination of [him] for ‘cause.’ ” Defendant moved for summary judgment Therefore, defendant could not rely on generalized notions of business judgment, workplace norms, or or gross misconduct” within the meaning of the Agreement, the case could not be resolved on summary judgment

Defendants moved to dismiss, claiming that, among other things, the business judgment rule barred plaintiff The business judgment rule “is a presumption that<,> in making a business decision<,> the directors “In a business judgment rule case, the rule applies because the board is disinterested and thus has no “An application of the traditional business judgment rule places the burden on the party challenging Ch. 1988) (gross negligence under the business judgment rule requires that the challenged decision “be