Legal Opinion
Investment Retrievers, Inc. v. Fox
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2017No. 2015-01958PublishedCited by 2 opinions
1Opinion of the Court
In an action, in effect, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Mayer, J.), dated September 17, 2014, as denied that branch of his cross motion which was for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff’s performance pursuant to the contract, the defendant’s breach of its contractual…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gawrych v. Astoria Federal Savings & LoanAppellate Division of the Supreme Court of the State of New York · 2017
- Meyer v. North Shore-Long Island Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Moezinia v. AshkenaziAppellate Division of the Supreme Court of the State of New York · 2013
- Carione v. HickeyAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by2 opinions
- M.V.B. Collision, Inc. v. State Farm Mut. Auto. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2026
- Tristate Cleaning Solutions, Inc. v. Landco H & L, Inc.Appellate Division of the Supreme Court of the State of New York · 2022