SEARS HOLDINGS MGT. CORP. v. ROCKAWAY REALTY ASSOC., LP

9986, 650142/15.

176 A.D.3d 433 (2019)

107 N.Y.S.3d 670

2019 NY Slip Op 07144

Sears Holdings Management Corp., Respondent, v. Rockaway Realty Associates, LP, et al., Appellants.

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

Decided October 3, 2019.


Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., New York ( Sydney A. Fetten of counsel), for appellants.

Bruckmann & Victory, LLP, New York ( Richard J. Sprock of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.


Plaintiff met its burden on its motion for summary judgment for breach of contract by submitting admissible evidence, including the emails from Mr. Poyker, an employee of one of the defendants, that defendants' refused to repair the interior of plaintiff's store, which constituted a breach of the parties' agreement. As defendants submitted no relevant admissible evidence in opposition to the motion, we affirm the grant of summary judgment for breach of contract in plaintiff...

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