Sentences with phrase «only grant summary judgment»

Judge Wilken would have only granted summary judgment if the NCAA had satisfied a high threshold.

Not exact matches

Appeals from the granting of a summary judgment motion go directly to the Court of Appeal, but appeals from the denial of such a motion go to the Divisional Court, and only then with leave.

Judge Reiss granted the defendants» motion for summary judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimony.

Hugessen J. found this was only a discovery, not an invention, and granted summary judgment to North Bay.

Even where examining the facts suggests that a motion for summary judgment might be in order, that calculus might look very different when one learns that the trial judge has granted only 18 percent of the summary judgment motions brought before him or her since 2010.

Partial summary judgment ought only to be granted in the clearest of cases where the issue on which judgment is sought is clearly severable from the balance of the case.

What it means is that where the only disputes are not genuine (e.g., there isn't enough evidence to support an argument) or not material (e.g., the resolution of the dispute would not change the outcome) summary judgment should be granted.

A recent study found that judges in the Eastern District of Texas granted only 18 % of motions for summary judgment of invalidity.

A recent study found that judges in the Eastern District granted only 18 % of motions for summary judgment of invalidity while the national grant rate is 31 %.

As for defendants that are granted permission to file a motion for summary judgment, those motions are successful only 18 % of the time (the national average is 31 %).

On that issue, the court granted summary judgment to VHT, saying its use of the term «specific» in the phrase, «Content is made available to clients for property specific marketing purposes only,» was unambiguous.

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

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

Boyer v. Werner (238 A.D. 2d 853)- plaintiff broker seeks commission due from defendant broker for referral of purchaser for golf course property; purchaser ultimately purchases golf course property plus second golf course; plaintiff broker seeks commission for referral fee for purchase of both golf courses; summary judgment granted as to the issue of defendant broker's liability in relation to the sale of the first golf course only; issue of fact exists as to referral of purchaser for second golf course and as to the amount of the commission split due (see also, Werner v. Katal Country Club [234 A.D. 2d 659]-RRB-.