Saxony Ice Co., Division of Springfield Ice Co., Inc. V. Ultimate Energy Restaurant Corp
Before: New York Supreme Court, Appellate Division, Second Department (2006)
Citation: 27 A.D.3d 445, 810 N.Y.S.2d 344, 2006 N.Y. Slip Op. 01603
Background: In this breach of contract case, both our client, Saxony Ice Co., Division of Springfield Ice Co., Inc., and the defendant filed motions for summary judgment. The Supreme Court granted the defendant’s motion and dismissed our cross-motion.
Decision: The Appellate Division reversed the lower court’s ruling. It held that “documentary evidence submitted by the defendant did not resolve all of the factual issues as a matter of law, nor did it conclusively dispose of the plaintiff’s claims,” so the lower court had erred in granting summary judgment for the defendant.
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