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REZU ENTERPRISES, INC. v. ISANI

3975, 3975A, 650156/09.

80 A.D.3d 427 (2011)

915 N.Y.S.2d 60

REZU ENTERPRISES, INC., Doing Business as COFFEE BEANERY, et al., Appellants, v. ALTAF ISANI et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 4, 2011.

Plaintiffs contend that there are issues of fact concerning the parties' intent surrounding the delivery of the subject check. These issues are not material to the determination of defendants' summary judgment motion. The record reveals that closing never took place prior to the check being dishonored, and defendants' failure to honor the check was simply part of the breach of contract. Thus, plaintiffs were not entitled to payment...

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