Legal Opinion

Emerald Equipment Systems, Inc. v. Gearhart Bros. Services, LLC

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

Decided March 21, 2014Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered June 12, 2013. The order denied plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this breach of contract action seeking to recover certain payments allegedly due under two equipment leases. The first cause of action seeks to recover…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Schron v. Troutman Sanders LLPNew York Court of Appeals · 2013
  4. General Motors Acceptance Corp. v. Clifton-Fine Central School DistrictNew York Court of Appeals · 1995
  5. State University Construction Fund v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1993

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