5757 Associates v. Blanford

Appellate Division of the Supreme Court of New York

5757 Associates v. Blanford

69 A.D.3d 539, 892 N.Y.2d 761

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 2010·Published

Opinion

Even though plaintiff had moved for summary judgment, the motion court had authority to grant summary judgment to the nonmoving defendant (CELR 3212 [b]). The court properly dismissed the complaint on undisputed facts. The lease between the parties required plaintiff to give notice of a default to Syoum, the assignor of the lease. Plaintiff’s failure to give Syoum such notice constituted a breach of its obligations under the lease (see Poole v Pellati, 251 AD2d 480, 481-482 [1998], Iv dismissed 92 NY2d 1002 [1998]). Concur—Mazzarelli, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ. [Prior Case History: 2009 NY Slip Op 31025(U).]

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Even though plaintiff had moved for summary judgment, the motion court had authority to grant summary judgment to the nonmoving defendant (CELR 3212 [b]). The court properly dismissed the complaint on undisputed facts. The lease between the parties required plaintiff to give notice of a default to Syoum, the assignor of the lease. Plaintiff’s failure to give Syoum such notice constituted a breach of its obligations under the lease (see Poole v Pellati, 251 AD2d 480, 481-482 [1998], Iv dismissed 92 NY2d 1002 [1998]). Concur—Mazzarelli, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ. [Prior Case History: 2009 NY Slip Op 31025(U).]

5757 Associates v. Blanford, 69 A.D.3d 539, 892 N.Y.2d 761 (N.Y. Ct. App. 2010).

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Opinion

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