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MARION SCOTT REAL ESTATE, INC. v. RIVERBAY CORPORATION

9702, 653953/14.

173 A.D.3d 588 (2019)

100 N.Y.S.3d 868

2019 NY Slip Op 05073

Marion Scott Real Estate, Inc., Respondent, v. Riverbay Corporation, Appellant.

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

Decided June 25, 2019.

Summary judgment was not warranted on plaintiff's second cause of action for breach of contract, because the record, presently undeveloped by discovery, precludes a conclusion, as a matter of law, that plaintiff performed its obligations under parties' contract (see Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]). In addition, defendant raises counterclaims which...

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