Barretta Realty Skyline v. American Abstract Associates, Inc.

(dissenting and voting to reverse the order, grant plaintiffs motion for summary judgment, and deny defendant’s cross motion for discovery and for a stay of the action pending completion of the discovery).

Plaintiff commenced this action asserting causes of action for breach of contract and an account stated. Plaintiff is a provider of “lien searches” on behalf of companies which issue title insurance on the purchase of real property. There is no dispute that the papers submitted in support of plaintiffs motion for summary judgment made a prima facie showing of breach of contract and an…