Legal Opinion · Concurrence

Saxon Capital Corp. v. Wilvin Associates

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

Decided July 29, 1993Published

1Concurrence

Sullivan, J. P.,

concurs in a separate memorandum as follows: I agree with the majority that there are issues of fact which preclude summary judgment. As the majority notes, plaintiff has not made a sufficient showing that it was the procuring cause of the commitment issued by Atlantic Funding, Limited; it has failed to establish, as a matter of law, a "direct and proximate link, as distinguished from one that is indirect and remote, between the bare introduction and the consummation.” (Greene v Hellman, 51 NY2d 197, 206.)* I also *431agree that there is a question of fact as to whether Atlantic…

2Cases cited6 opinions

  1. Greene v. HellmanNew York Court of Appeals · 1980
  2. Braten v. Bankers Trust Co.New York Court of Appeals · 1983
  3. Namad v. Salomon Inc.New York Court of Appeals · 1989
  4. Rusciano Realty Services, Ltd. v. GrifflerNew York Court of Appeals · 1984
  5. Smith v. . PeyrotNew York Court of Appeals · 1911

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