To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case
Commercial Case Notes / Summary Judgment

To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

On April 3, 2024, the Second Department issued a decision in Incorporated Vil. of Freeport v. Albrecht, Viggiano, Zurich & Co., P.C., 2024 NY Slip Op. 01800, holding that to prevail on summary judgment, a defendant must establish a factual basis for non-liability and not just identify gaps in the plaintiff’s case . . . Continue reading To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment
Commercial Case Notes / Summary Judgment

Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment

On March 15, 2024, the Fourth Department issued a decision in Vial v. Velocity Servers, Inc., 2024 NY Slip Op. 01464, holding that a trial court erred in granting summary judgment on a claim that was not the subject of a motion to summary judgment . . . Continue reading Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
Commercial Case Notes / Contracts / Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note
Commercial Case Notes / Summary Judgment

Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note

On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Weisberg v. Standard, 2023 NY Slip Op. 32439(U), holding that a breach of a related contract cannot defeat a motion for summary judgment in lieu of complaint . . . Continue reading Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note

Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance
Commercial Case Notes / Summary Judgment

Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance

On May 26, 2023, Justice Chan of the New York County Commercial Division issued a decision in Itria Ventures LLC v. Singh Oil Corp., 2023 NY Slip Op. 31809(U), holding that summary judgment in lieu of complaint was unavailable on a guaranty that required non-payment performance . . . Continue reading Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance

Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed
Commercial Case Notes / Guaranties / Summary Judgment

Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed

On March 17, 2023, the Fourth Department issued a decision in Counsel Fin. II LLC v. Bortnick, 2023 NY Slip Op. 01441, holding that a suit on a guaranty could not be made under CPLR 3213 because extrinsic evidence was needed to show the amount owed . . . Continue reading Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed