Green Leaf Nursery, Inc. v. Kmart Corp.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Before the Court is Defendant Kmart Corp.’s motion for summary judgment with regard to Plaintiff Green Leaf Nursery, Inc.’s Uniform Commercial Code (“UCC”) breach of contract claim. Defendant argues that Plaintiff cannot establish that it suffered damages, and thus Defendant is entitled to summary judgment as a matter of law. For the reasons below, the Court denies Defendant’s motion for summary judgment.

I. Background

Plaintiff began supplying plant products to Defendant in the 1980s. Plaintiff sold plants to Defendant…