3B ASSOC. LLC v. eCOMMISSION SOLUTIONS, LLC

Index No. 657537/17. Appeal No. 17545-17546. Case No. 2022-02286. 2022-02582.

214 A.D.3d 526 (2023)

187 N.Y.S.3d 1

2023 NY Slip Op 01470

3B Associates LLC et al., Respondents, v. eCommission Solutions, LLC, Appellant.

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

Decided March 21, 2023.


Attorney(s) appearing for the Case

Day Pitney LLP, New York ( Gregory R. Bruno of counsel), and Kelly Hart & Hallman, LLP, Fort Worth, TX ( Michael D. Anderson of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant.

Sexter & Warmflash, P.C., New York ( Jeremy A. Welfer of counsel), for respondents.

Concur—Kapnick, J.P., Kern, Gesmer, Moulton, Higgitt, JJ.


Judgment, Supreme Court, New York County (Andrew Borrok, J.), entered May 18, 2022, in plaintiffs' favor, and bringing up for review an order, same court and Justice, entered on or about April 6, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment on their first breach of contract claim and dismissing the affirmative defenses of lack of consideration, prior material breach, termination, and lack of standing, unanimously...

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