Promissory Notes and Summary Judgment in Lieu of A Complaint
- Mar 8 2021
“Summary judgment is a judgment entered by a court for one party and against another party without a full trial.” (Here.) The motion is designed to avoid unnecessary trials – …
Category: Summary Judgment
Summary Judgment Affidavits Versus A Verified Pleading: Court Finds Triable Issues of Fact
- Oct 5 2020
Under New York law, a party commences a civil action by filing a summons and complaint. Generally speaking, these documents set forth the claims that are being asserted against the …
Some Pitfalls of Moving for Summary Judgment in Lieu of Complaint
- Sep 4 2020
Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint – was designed to streamline litigation in situations where …
Statute of Limitations, Justifiable Reliance, and Loss Causation: Court Denies Summary Dismissal of Fraud Action Due to Material Issues Fact
- Aug 27 2019
As readers of this Blog know, pleading and proving fraud is not easy. The law reporters (not to mention the pages of this Blog) are brimming with cases in which …
Breach of Fiduciary Duty, Fraud and the Broken Friendship
- Jul 15 2019
Working with friends can be both rewarding and challenging. The comfort that brings friends together often is replaced by the stress and rigors of running a business. Because friends have …
The Appellate Division, First Department, Holds that a Commercial Landlord is Entitled to Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213 With Respect to a Lease Guaranty
- Jun 19 2019
Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint to streamline litigation in situations where the statute is …
Court-Ordered and Statutory Deadlines are Not Optional, Says the First Department
- Apr 17 2019
As every lawyer knows, the practice of law requires compliance with various deadlines. Some are court ordered, while others are statutory. To be sure, there are many practitioners who do …
Court Finds Conflicting Inferences And Credibility Issues Too Great To Satisfy Summary Judgment Burden
- May 30 2018
When a complaint is served and filed, a defendant can respond to the pleading in many ways. For example, he/she can answer the complaint or file a motion to dismiss. …
Defenses That “Bordered on the Frivolous” Insufficient to Defeat Motion for Summary Judgment
- Apr 25 2018
On April 9, 2018, Justice Shirley Werner Kornreich of the Supreme Court, New York County, Commercial Division granted a motion for summary judgment involving claims that the defendant owed the …
