Legal Opinion

Cutter Bayview Cleaners, Inc. v. Spotless Shirts, Inc.

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

Decided December 16, 2008PublishedCited by 16 opinions

1Opinion of the Court

*709The plaintiff sold a dry cleaning and tuxedo rental business to the defendant pursuant to an asset purchase agreement. As part of the consideration, the defendant executed a promissory note in favor of the plaintiff in the face amount of $190,000. The plaintiff, alleging that the defendant defaulted on the note, commenced this action by way of a motion for summary judgment in lieu of complaint pursuant to CPLR 3213. In opposition, the defendant alleged only that the plaintiff had fraudulently misrepresented that the gross weekly receipts of the business were $10,000. The defendant submitted…

2Cases cited7 opinions

  1. Colonial Commercial Corp. v. Breskel AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
  2. Allstate Insurance v. KeilAppellate Division of the Supreme Court of the State of New York · 2000
  3. Afco Credit Corp. v. Boropark Twelfth Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Borg v. Belair Ridge Development Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Coniglio v. ReganAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by16 opinions

  1. Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera NavarroNew York Court of Appeals · 2015
  2. Friedman v. MialeAppellate Division of the Supreme Court of the State of New York · 2010
  3. Castle Restoration & Construction, Inc. v. Castle Restoration, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Sun Convenient, Inc. v. Sarasamir Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Vaccariello v. Meineke Car Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

11 more not listed; retrieve them via the Exa API.

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