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EDELMAN ARTS, INC. v. NEW YORK ART WORLD, LLC

Index No. 652017/18. Appeal No. 13596. Case No. 2020-02896.

193 A.D.3d 527 (2021)

142 N.Y.S.3d 343

2021 NY Slip Op 02341

Edelman Arts, Inc., Appellant-Respondent, v. New York Art World, LLC, Doing Business as Lio Malca, Respondent-Appellant.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Franzino & Scher, LLC, New York ( Frank J. Franzino, Jr. of counsel), for appellant-respondent.

Olsoff Cahill Cossu LLP, Ellenville ( Paul Cossu of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.

Defendant established prima facie that plaintiff breached the parties' contract by showing that plaintiff failed to pay for art that it purchased from defendant, despite having agreed to the invoice for payment on the date that it received it (see e.g. McFadyen Consulting Group, Inc. v Puritan's Pride, Inc., 87 A.D.3d 620, 621 [2d Dept 2011]; George S. May Intl. Co. v Thirsty Moose, Inc., 19 A.D.3d 721

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