Black Bear Fuel Oil, Ltd. v. Swan Lake Developers LLC

McCarthy, J.P.

(concurring in part and dissenting in part). Plaintiff was entitled to summary judgment against defendants Swan Lake Developers LLC and Yitzchok Kaufman because defendants’ allegations and submissions fail to state defenses or counterclaims that could offset plaintiffs entitlement to payment pursuant to the settlement/subordination agreements. The majority decision recognizes that defendants’ allegations are factually intertwined with the subject contractual agreements, and concludes, apparently on that basis, that plaintiffs motion for summary judgment seeking payment pursuant…