Posts Categorized: Summary Judgment

Posted: April 2, 2019

Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint

On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in Borremans v. Gardner, 2019 NY Slip Op. 30660(U), holding that a promissory note that contined conditions could not be the subject of a motion for summary judgment in lieu of complaint, explaining: For purposes of CPLR 3213, an instrument... Read more »

Posted: January 4, 2019

Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment

On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Coast to Coast Energy, Inc. v. Gasarch, 2018 NY Slip Op. 33350(U), rejecting conclusory statements in party affidavits submitted in support of summary judgment, explaining: [T]he Court notes that many of the Plaintiffs factual contentions are brought by... Read more »

Posted: November 14, 2018

Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint

On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consultants v. Gilmartin, 2018 NY Slip Op. 07470, holding that because the IAS court allowed the plaintiff to amend its complaint, the court erred in deciding the plaintiff’s summary judgment motion before the defendant had answered the amended complaint, explaining: Here, contrary... Read more »

Posted: September 19, 2018

Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights

On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Knox, LLC v. Lakian, 2018 NY Slip Op. 32191(U), granting an adverse inference against a party that asserted its Fifth Amendment rights, explaining: Plaintiffs also ask this Court to draw a negative inference against Mr, Lakian. During Mr. Lakian’s deposition... Read more »

Posted: August 28, 2018

Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff’s Exclusive Possession

On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Horvath v. High Peaks Sand, Gravel & Mins., LLC, 2018 NY Slip Op. 51214(U), denying a request to delay summary judgment to allow the defendant to take more discovery because the defendant had not showed that relevant evidence was... Read more »

Posted: August 11, 2018

Court Reviews Law Governing Contract Interpretation on Summary Judgment

On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Cast Iron Co., LLC v. Cast Iron Corp., 2018 NY Slip Op. 31881(U), discussing contract interpretation on a summary judgment motion: Contracts are construed in accord with the parties’ intent, the best evidence of which is the language... Read more »

Posted: July 31, 2018

Court Erred in Granting Summary Judgment on Dismissing Plaintiff’s Claims Where Defendant Only Moved for Judgment on its Counterclaims

On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. 05507, holding that the trial court erred in granting summary judgment dismissing the plaintiff’s claims when the defendant had only moved for judgment on its counterclaims, explaining: On a motion for summary judgment, the court is limited... Read more »

Posted: May 23, 2018

Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist

On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale Beer Corp., 2018 NY Slip Op. 03559, holding that summary judgment is inappropriate where conflicting inferences can be drawn from the evidence and issues of credibility exist, explaining: Here, the defendants failed to establish their prima facie entitlement... Read more »