230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP

New York Court of Appeals

230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP

55 N.E.3d 443, 27 N.Y.3d 1109

CourtNew York Court of Appeals

DecidedJune 23, 2016

Docket50

StatusPublished

This text of 55 N.E.3d 443 (230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP, 55 N.E.3d 443, 27 N.Y.3d 1109 (N.Y. 2016).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by granting plaintiff’s motion for summary judgment dismissing defendants’ third affirmative defense, and, as so modified, affirmed and the certified question answered in the negative.

Plaintiff met its initial burden of demonstrating its entitlement to summary judgment dismissing defendants’ third affirmative defense alleging that plaintiff breached the stipulation between the parties (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Defendants’ submis *1111 sions in opposition to plaintiffs motion failed to raise a material triable issue of fact (see CPLR 3212 [b]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).

Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Chief Judge DiFiore taking no part.

Order modified, without costs, by granting plaintiffs motion for summary judgment dismissing the third affirmative defense and, as so modified, affirmed and certified question answered in the negative, in a memorandum.

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