Empire State Fuel Corp. v. 2683 Morris Associates, LLC

Golia, J.,

dissenting and voting to reverse the order and grant plaintiffs motion for summary judgment, in the following memorandum:

I agree with the majority in its legal analysis that a plaintiff can fully satisfy the requirements of CPLR 3016 (f) if the plaintiff “set[s] forth and number[s] in his verified complaint the items of his claim and the reasonable value or agreed price of each” by attaching an itemized list, and that a defendant’s “[fjailure to make . . . specific denials constitutes an admission of the schedule’s items.” I also agree with the majority’s factual determination that…