Sentences with phrase «concerning motions for summary judgment»

Not exact matches

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

Five cases decided together raise a number of issues concerning the interpretation of the new Rule 20, including the nature of the test for determining whether or not summary judgment should be granted, the scope and purpose of the new powers that have been given to judges hearing motions for summary judgment, and the types of cases that are amenable to summary judgment.

Mosca v. Kiner (277 A.D. 2d 937)- broker's, salesperson's and owner's motion for summary judgment dismissing buyer's complaint affirmed; where property was advertised as having deeded lake rights and the MLS indicated that the property had access to a private dock, buyer's post closing fraud cause of action fails where buyer had the means available to him of knowing, by the exercise of ordinary intelligence, the truth concerning the description and boundary of the land and failed to make use of such means; the presence or absence of deeded lake rights was a mater of public record, was not particularly within broker's, salesperson's or owner's knowledge and could have been ascertained by buyer by means available to him through the exercise of ordinary intelligence; specific merger clause in the contract defeats fraud cause of action