Daiwa Special Asset Corp. v. Desnick

2 Citing cases

  1. Cartier Int'l AG v. Motion in Time, Inc.

    12 Civ. 8216 (JMF) (S.D.N.Y. Apr. 5, 2013)   Cited 5 times

    Because Defendant's Answer offers no indication of how the doctrines of unclean hands and entrapment would bar Plaintiffs' claims, the motion to strike Defendant's second affirmative defense is granted. See Daiwa Special Asset Corp. v. Desnick, No. 00 Civ. 3856 (SHS), 2002 WL 1997922, at *12 (S.D.N.Y. Aug. 29, 2002) (striking the unclean hands defense because "mere pleading of the defense . . . without more is insufficient"). CONCLUSION

  2. Sea Tow Services International, Inc. v. Pontin

    607 F. Supp. 2d 378 (E.D.N.Y. 2009)   Cited 20 times

    Therefore, the Court finds that genuine issues of material fact regarding the "curability" of defendants' alleged misfeasance preclude summary judgment on both plaintiff and defendants' respective breach of contract claims. See, e.g., Daiwa Special Asset Corp. v. Desnick, No. 00 Civ. 3856 (SAS), 2002 U.S. Dist. LEXIS 16164, at *38 (S.D.N.Y. Aug. 29, 2002) (factual dispute regarding ability to cure would have precluded summary judgment had the contract at issue not been validly terminated on separate grounds); U.S. West Fin. Serv., Inc. v. Marine Midland Realty Corp., et al, 810 F. Supp. 1393, 1404 (S.D.N.Y. 1992) ("disputed issues of fact as to whether [breaching party] was entitled to notice of or could have cured any default" precluded summary judgment); Lanvin, Inc. v. Colonia,Inc., 776 F. Supp. 125, 127 (S.D.N.Y. 1991) (summary judgment unwarranted where whether defaulting party could have cured default presented issues of fact); 1537 Assocs. v. Temlex Indus., 128 A.D.2d 384, 386 (N.Y.App.Div. 1987) (overturning lower court decision because "[t]riable issues of fact precluding summary judgment [we]re presented as to whether . . . a notice was not required because the [appellee's] alleged default and wrongful course of conduct constituted an incurable breach"). Similarly, the disputed issues of fact on that issue preclude summary ju