Hyperlawhypertext legal database 230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP 27 N.Y.3d 1109

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

27 N.Y.3d 1109 Court N.Y. Decision date 2016-06-23 English

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

Contents

Majority

p. 1109
[55 NE3d 443, 35 NYS3d 683]
230 Park Avenue Holdco, LLC, Appellant, v Kurzman Karelsen & Frank, LLP, et al., Respondents.
Argued June 1, 2016;
decided June 23, 2016
p. 1110
APPEARANCES OF COUNSEL
Klein & Solomon, LLP, New York City (Jay B. Solomon of counsel), for appellant.
Kurzman Karelsen & Frank, LLP, New York City (Charles Palella and Arthur R. Block of counsel), for respondents.

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

p. 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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