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Summary judgment granted in mortgage enforcement action where defendant failed to file responding evidence.
The plaintiff brought a motion for summary judgment in a mortgage enforcement action seeking payment on the covenant and a writ of possession.
The defendant, despite numerous extensions, failed to file any responding materials.
The court found that the plaintiff had proven its claim that the loan was advanced, not repaid, and accounted for the amount owing.
The court granted the plaintiff a writ of possession and judgment in the amount of $130,976.23.
Motion to enforce interim minutes of settlement granted after responding party repudiated the agreement without basis.
The moving party sought to enforce interim minutes of settlement reached to resolve an earlier injunction motion regarding access to an industrial property to remove purchased equipment.
The responding party's lawyers were removed from the record at the start of the hearing, and the responding party's principal sought an adjournment, which was denied due to prejudice to the moving party.
The court found that the responding party had repudiated the settlement without a valid basis and that failing to enforce it would create a clear injustice.
The motion to enforce the settlement was granted.
