Red Apple Supermarkets, Inc. v. Malone & Hyde, Inc.

The IAS Court properly granted partial summary judgment in favor of Fleming as against plaintiffs Red Apple and Gristede’s since Fleming presented sufficient evidence to eliminate any material issues of fact from the case by irrefutably establishing, by documentary evidence, that these plaintiffs were in default of their payment obligations under the loan documents; that these plaintiffs, as of October 31, 1994, owed Fleming the principal sum of $1,392,732.37, no part of which had been paid; and that plaintiff Apple Companies had failed to honor its payment obligations to Fleming under the…