On appeal, Lisa argues that material issues of fact
exist surrounding the validity of the note in question and, therefore, the trial court erred when it granted summary judgment in favor of Wells Fargo.
The Appellate Division found as the agent contracts are clear that Farm Family owns the book of business, the Supreme Court properly concluded that there were no issues of fact
as to whether Mr.
In court on Monday, attorney Robert Giuffra, who represents the banks, repeated his argument that disputed issues of fact
warrant a trial.
Granting summary judgment is only appropriate where a thorough examination of the merits clearly demonstrates the absence of any triable issues of fact
Thus, the dissenting judge found that the record, rather than conclusively establishing the severity of Devon's condition, only raises issues of fact
, which could not be resolved on a motion for summary judgment.
The court held that summary judgment was precluded by material issues of fact
as to whether prison officers subjected the inmate to lockdown, frequent cell searches and other forms of discipline, in retaliation for his work as a prison library clerk and his filing of numerous grievances.
Citing the need to resolve issues of fact
, the court held that the trial court has to ascertain which party controls the partnership to determine whether St.
The commenter's request fails to demonstrate why its written comments do not present its evidence adequately and fails to identify disputed issues of fact
that are material to the Board's decision and would be clarified by a public meeting or hearing.
Summary judgment means that the court found as a matter of law that the plaintiff could not recover, that there were no issues of fact
that needed to be determined by a jury in order for the court to arrive at its decision,'' Oppenheim said.
District Court for the Southern District of New York, ruled that the plaintiffs, who are seeking class-action status for their lawsuit, presented "material issues of fact
on company practices" sufficient to allow their complaint to move forward.
The-Justice further ruled that based upon record, issues of fact
existed regarding whether Greenberg actually knew that Davyon's lease was in existence at the time of the Foreclosure Action and, if so, whether Greenberg is the alter ego of EDEA so that Greenberg's actual knowledge should be imputed to IDEA.
14) All legal questions, unless dependent upon issues of fact
, should be resolved prior to trial.