Legal Opinion

Thriftway Services Corp. v. Shevchenko

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2006PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for fraudulent inducement, breach of contract, and breach of the warranty of quiet enjoyment, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 17, 2005, which denied its motion for summary judgment on the issue of liability and for dismissal of the counterclaims.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs motion which was for summary judgment dismissing so much of the third counterclaim as sought to recover for cleanup expenses, and…

2Cases cited7 opinions

  1. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  2. Grammer v. TuritsAppellate Division of the Supreme Court of the State of New York · 2000
  3. Bethka v. JensenAppellate Division of the Supreme Court of the State of New York · 1998
  4. Cohan v. SicularAppellate Division of the Supreme Court of the State of New York · 1995
  5. Bedowitz v. Farrell Development Co.Appellate Division of the Supreme Court of the State of New York · 2001

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3Cited by3 opinions

  1. Perez-Faringer v. HeilmanAppellate Division of the Supreme Court of the State of New York · 2012
  2. JEP, LLC v. Dialysis 4 Career, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. JEP, LLC v. Dialysis 4 Career, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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