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PENTHOUSE GLOBAL MEDIA, INC. v. THE EXEC. CLUB LLC

Index No. 653291/2016. Appeal No. 11905. No. 2020-00614.

187 A.D.3d 410 (2020)

129 N.Y.S.3d 764

2020 NY Slip Op 05290

Penthouse Global Media, Inc., Respondent, v. The Executive Club LLC, Appellant.

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

Decided October 1, 2020.

On plaintiff's motion, the facts must be viewed "in the light most favorable to defendant[]" (Ortiz v Varsity Holdings, LLC, 18 N.Y.3d 335, 340 [2011]). Viewed in such light, it is not clear whether plaintiff performed under the parties' contract. Thus, summary judgment should not have been granted in its favor. Similarly, defendant is not entitled to summary judgment dismissing the contract...

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