Legal Opinion
Guidance Enhanced Green Terrain, LLC v. Bank of America Merrill Lynch
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2017No. 1510 652009/14PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Melvin L. Schweitzer, Ref.), entered on or about April 8, 2015, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the first cause of action for breach and repudiation of the contract, reversed, on the law, without costs, and the motion denied.
The motion court erred in dismissing the first cause of action for breach and repudiation of contract based on documentary evidence (see CPLR 3211 [a] [1]). Defendants failed to establish that the terms of the assignment of claim agreement between plaintiff and…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Peacock v. Herald Square Loft Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- DB Mansfield LLC v. BNY Capital Funding LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Shivers v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by1 opinion
- Guidance Enhanced Green Terrain, LLC v. Bank of America Merrill LynchAppellate Division of the Supreme Court of the State of New York · 2017