Goldner v. Gleason

Appellate Division of the Supreme Court of New York

Goldner v. Gleason

213 A.D.2d 262, 624 N.Y.S.2d 822, 1995 N.Y. App. Div. LEXIS 2968

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

DecidedMarch 21, 1995

StatusPublished

This text of 213 A.D.2d 262 (Goldner v. Gleason) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goldner v. Gleason, 213 A.D.2d 262, 624 N.Y.S.2d 822, 1995 N.Y. App. Div. LEXIS 2968 (N.Y. Ct. App. 1995).

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Opinion

—Order and judgment [263]*263(one paper), Supreme Court, New York County (Edward Lehner, J., upon decision of Burton Sherman, J.), entered on or about May 13, 1994, which denied defendant’s motion to change venue to Suffolk County and granted plaintiffs cross-motion for summary judgment, unanimously affirmed, without costs.

The court properly granted summary judgment enforcing the unambiguous contract (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162). Defendant’s conclusory assertions that plaintiff violated the covenant of good faith and fair dealing and purposely caused delays resulting in defendant’s failure to complete the subdivision of the property by the contract date were devoid of evidentiary facts and thus insufficient to defeat summary judgment (see, Smith v Johnson Prods. Co., 95 AD2d 675, 676). Concur—Murphy, P. J., Sullivan, Ellerin, Williams and Mazzarelli, JJ.

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—Order and judgment [263]*263(one paper), Supreme Court, New York County (Edward Lehner, J., upon decision of Burton Sherman, J.), entered on or about May 13, 1994, which denied defendant’s motion to change venue to Suffolk County and granted plaintiffs cross-motion for summary judgment, unanimously affirmed, without costs.

The court properly granted summary judgment enforcing the unambiguous contract (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162). Defendant’s conclusory assertions that plaintiff violated the covenant of good faith and fair dealing and purposely caused delays resulting in defendant’s failure to complete the subdivision of the property by the contract date were devoid of evidentiary facts and thus insufficient to defeat summary judgment (see, Smith v Johnson Prods. Co., 95 AD2d 675, 676). Concur—Murphy, P. J., Sullivan, Ellerin, Williams and Mazzarelli, JJ.

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Bluebook (online)

213 A.D.2d 262, 624 N.Y.S.2d 822, 1995 N.Y. App. Div. LEXIS 2968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldner-v-gleason-nyappdiv-1995.

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