Legal Opinion

Samuel Field YM & YWHA, Inc. v. Irvings Roth & Rubin, PLLC

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

Decided August 16, 2017No. 2015-08656PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for breach of contract and breach of fiduciary duty, the defendant appeals, by permission, from an order of the Supreme Court, Queens County (D. Hart, J.), dated August 26, 2015, which held in abeyance pending an accounting its motion for summary judgment on its counterclaims for an account stated and to recover damages pursuant to CPLR 3016 (f) for breach of contract.

Ordered that the order is reversed, on the facts and in the exercise of discretion, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of the…

2Cases cited6 opinions

  1. Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
  2. Myers v. MarkeyAppellate Division of the Supreme Court of the State of New York · 2010
  3. Born To Build, LLC v. SalehAppellate Division of the Supreme Court of the State of New York · 2016
  4. Clair v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2009
  5. Bibbo v. ArvanitakisAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by3 opinions

  1. Ayres v. Bloomberg, L.P.Appellate Division of the Supreme Court of the State of New York · 2025
  2. Matter of Velez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  3. U.S. Bank N.A. v. HalevyAppellate Division of the Supreme Court of the State of New York · 2019

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