Legal Opinion
Vic's Parking Corp. v. Nash
New York Supreme Court
Decided October 13, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Shirley Werner Kornreich, J.
*414In this action for breach of a contract to sell a leasehold, the plaintiff seller moves, pursuant to CPLR 3212, for summary-judgment and dismissal of defendants’ affirmative defenses. Defendants cross-move, pursuant to CPLR 3212, for summary judgment dismissing the complaint.
The complaint contains a single cause of action for breach of contract. It alleges that the purchasers, defendants Nash and Hazan, breached the contract by stopping payment on their deposit checks. The answer contains five affirmative defenses: (1) retention of the $225,000…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Ayotte v. GervasioNew York Court of Appeals · 1993
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