Lida Moazzam

The plaintiffs defaulted on a mortgage, and the defendant mortgagee obtained default judgment, a writ of possession, and sold the property under power of sale.

The plaintiffs commenced a new action against the mortgagee, its lawyer, and a process server, seeking a certificate of pending litigation and damages.

The defendants moved to strike the claim as an abuse of process.

The court granted the motion, finding the claim was a collateral attack on previous court orders and an attempt to relitigate finally determined issues.

The claim against the opposing lawyer was struck as disclosing no reasonable cause of action.

The plaintiffs' cross-motion for leave to amend was dismissed as the proposed claim contained radical defects.

Following the dismissal of the plaintiff's claim on a summary judgment motion, the successful defendants sought their costs.

The plaintiff agreed that the partial indemnity costs sought by two defendants were reasonable, but objected to the third defendant's request for full indemnity costs.

The court found no reason to award full indemnity costs as the plaintiff had done nothing improper, and awarded partial indemnity costs to all three defendants.

The defendant driver brought a motion for summary judgment to dismiss the plaintiff's personal injury action, supported by the co-defendants.

The plaintiff alleged she was injured in a rear-end collision while riding as a passenger in the defendant's ride-share vehicle.

Relying on GPS data, engineering reports, and inconsistencies in the plaintiff's medical history and statements, the court found the plaintiff's claim lacked credibility.

The court concluded on a balance of probabilities that the alleged accident never occurred and dismissed the action.