Legal Opinion
Outback/Empire I, Ltd. Partnership v. Kamitis, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2006PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered June 9, 2005, as denied those branches of its motion which were for summary judgment dismissing the complaint or, in the alternative, to dismiss the complaint pursuant to CPLR 3211.
Ordered that the order is affirmed, with costs.
The defendant failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law. Contrary to the defendant’s contention, the obligations of the plaintiff…
2Cases cited3 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
3Cited by7 opinions
- VCG Special Opportunities Master Fund Ltd. v. Citibank, N.A.District Court, S.D. New York · 2008
- Elmhurst Dairy, Inc. v. Bartlett Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- In Touch Concepts, Inc. v. Cellco PartnershipDistrict Court, S.D. New York · 2013
- Maddaloni Jewelers, Inc. v. Rolex Watch U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- 255 Butler Assoc., LLC v. 255 Butler, LLCAppellate Division of the Supreme Court of the State of New York · 2019
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