PROSPECT FUNDING HOLDINGS, LLC v. PAIZ

652396/16. 11535.

183 A.D.3d 486 (2020)

2020 NY Slip Op 02967

Prospect Funding Holdings, LLC, Appellant, v. Shannon Paiz, Defendant, and Jon L. Norinsberg, Esq., et al., Respondents.

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

Decided May 21, 2020.


The breach of contract claim was correctly dismissed because the relevant documents do not identify the Norinsberg Defendants as parties and do not impose upon them any obligations to plaintiff. The parties identified in those documents are plaintiff, as "Seller," and defendant Paiz, as "Purchaser." The Purchase Agreement is signed by Paiz and plaintiff's representative, not by the Norinsberg Defendants. The liquidated damages provision of the Purchase Agreement defines plaintiff...

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