Even though plaintiff had moved for summary judgment, the motion court had authority to grant summary judgment to the nonmoving defendant (CPLR 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,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
5757 ASSOCIATES v. BLANFORD
2067, 602178/08
69 A.D.3d 539 (2010)
892 N.Y.S.2d 761
2010 NY Slip Op 581
5757 ASSOCIATES, Appellant, v. WILLIAM BLANFORD, Defendant and YOHANNES SYOUM, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 28, 2010.
Decided January 28, 2010.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
