Summary Judgment – Page 3

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

On April 24, 2024, the Second Department issued a decision in Kitchen Winners NY, Inc. v. Triptow, 2024 NY Slip Op. 02181, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because there were questions of fact beyond simple proof of nonpayment . . . Continue reading Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

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

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

On March 5, 2024, the First Department issued a decision in Marjan Intl. Corp. v. Lillian Aug. Designs, Inc., 2024 NY Slip Op. 01160, enforcing a waiver of the right to contest that a guaranty was not an instrument for the payment of money for the purposes of CPLR 3213 . . . Continue reading Waiver of Right to Contest that a Guaranty Was For CPLR 3213 Purposes Enforcable

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

On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment

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

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

On April 26, 2023, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enters., LP, 2023 NY Slip Op. 02094, barring a second motion for summary judgment . . . Continue reading Summary Judgment Motion Barred by Single Motion Rule