Sentences with phrase «judgment motions offers»

A summary judgment motions offers a faster and more cost efficient resolutions of a wrongful dismissal resolution of a wrongful dismissal claim than a trial.

Not exact matches

The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

At Horton, Dowd, Bartschi & Levesque, we offer a team approach, providing clients with a comprehensive defense that covers every step of the legal process from pretrial matters through discovery and settlement negotiations, all the way to trial, post judgment motions, and any possible appeals.

On summary judgment, the «put up or shut up» moment in the lawsuit, the non-moving party must offer more than speculation or conjecture to beat the motion.

The plaintiffs, in response to a motion for summary judgment, offered experts to testify to the link between the ingestion of Bendectin and certain birth defects.

In his opinion, the evidentiary record was insufficient to determine if the franchise renewal agreement that AlarmForce demanded the franchisee to sign was materially different from its then - current standard form offered to franchisees, and that the franchisee failed to prove this point in the context of a summary judgment motion.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Interactive Properties Corp. v. Morris (271 A.D. 2d 339)- motion for summary judgment dismissing broker's complaint affirmed; mere introduction to property does not rise to the level of procuring cause; another broker was the procuring cause where it introduced the tenant to the space in question, took tenant to see the space, submitted the tenant's offer to the building owner, negotiated the terms of the lease and otherwise brought about a meeting of the minds between tenant and owner

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission