Glenn Cohen

The plaintiffs brought a motion for judgment to enforce minutes of settlement in a mortgage enforcement action.

The defendants failed to make the required $2,100,000 settlement payment by the agreed deadline, triggering a default provision for a $2,700,000 judgment and possession of the property.

The defendants argued they could not secure refinancing due to existing encumbrances and claimed the COVID-19 pandemic and lockdowns frustrated the agreement.

The court rejected the frustration argument, noting the pandemic was a known factor when the settlement was signed, and granted the plaintiffs' motion for judgment.

The court held a case management conference in a land dispute action involving a failed real estate transaction and a discharged certificate of pending litigation.

The court issued procedural directions regarding the amendment of pleadings, demands for particulars, and discussions on security for costs, while setting dates for examinations for discovery and the next case management conference.

The plaintiff mortgagee brought a motion for summary judgment seeking payment of a mortgage debt, possession of the mortgaged commercial property, dismissal of the defendants’ counterclaim, and leave to issue a writ of possession.

The defendants sought an adjournment to obtain counsel and additional documentation and argued that the mortgage assignment and notice requirements were defective.

The court held that the defendants failed to produce documentary evidence supporting their claims of mortgage renewal or payments and did not meet their obligation to put their best foot forward on the motion.

The court further found that notice of assignment through a notice of sale satisfied statutory requirements and that the mortgage was clearly in default.

Summary judgment and possession were granted, with issuance of a writ of possession delayed for thirty days to allow occupants to vacate.