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205 W. 19th St. Corp. v. Plymouth Mgmt. Group

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 564 (N.Y. App. Div. 2010)

Opinion

No. 3060.

June 15, 2010.

Order, Supreme Court, New York County (O. Peter Sherwood, J), entered February 24, 2010, which, insofar as appealed from as limited by the briefs, denied defendant Laura Mercier's motion for summary judgment dismissing the third cause of action for breach of contract and the sixth cause of action for legal fees, unanimously affirmed, with costs.

Ganfer Shore, LLP, New York (Steven J. Shore of counsel), for appellant.

Ruta Soulios LLP, New York (Joseph A. Ruta of counsel), for 205 W. 19th St. Corp., respondent.

D'Amato Lynch, LLP, New York (Meleena M. Bowers of counsel), for Plymouth Management Group, Inc., respondent.

Before: Andrias, J.P., Saxe, Sweeny, Nardelli and Catterson, JJ.


The court properly found that, while Mercier did not demonstrate that a vote taken at a special shareholders' meeting, which resulted in the passage of a resolution calling for a transfer tax, was invalid or improper, questions of fact exist in this regard, including those involving witness credibility ( see e.g. Welch v Riverbay Corp., 273 AD2d 66). Furthermore, material issues of fact must be resolved before any determination can be made regarding Mercier's claims based on waiver and estoppel ( see Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 NY3d 96, 105-106). In view of the foregoing, the court properly denied Mercier's request to dismiss the cause of action seeking legal fees.


Summaries of

205 W. 19th St. Corp. v. Plymouth Mgmt. Group

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 564 (N.Y. App. Div. 2010)
Case details for

205 W. 19th St. Corp. v. Plymouth Mgmt. Group

Case Details

Full title:205 W. 19TH ST. CORP., Respondent, v. PLYMOUTH MANAGEMENT GROUP, INC.…

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

Date published: Jun 15, 2010

Citations

74 A.D.3d 564 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5274
902 N.Y.S.2d 345