BRANDSWAY HOSPITALITY, LLC v. DELSHAH CAPITAL LLC

9565, 652637/13.

173 A.D.3d 457 (2019)

103 N.Y.S.3d 42

2019 NY Slip Op 04483

Brandsway Hospitality, LLC, Also Known as Brandsway Hospitality, et al., Respondents, v. Delshah Capital LLC et al., Appellants, et al., Defendant.

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

Decided June 6, 2019.


Defendants failed to meet their prima facie burden of demonstrating the absence of any material issues of fact, as required for summary dismissal of plaintiff's breach of contract claim (Vega v Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012], citing Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). The record does not permit resolution of whether, as defendants contend, plaintiffs breached...

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