Levy v. Arbor Commercial Funding, LLC

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered December 19, 2014, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion to amend the complaint, unanimously modified, on the law, to the extent of reinstating plaintiff’s second cause of action for breach of contract and remanding for further consideration of this claim on the merits, and otherwise affirmed, without costs.

The motion court incorrectly determined that an alleged conversation between the parties’ counsel during a federal forfeiture proceeding involving…