Narrative Opinion Summary
In the case of Haher v. Pelusio, decided on December 22, 2017, the Appellate Division of the Supreme Court of New York addressed an appeal by defendants David J. Pelusio, Sr., Albert M. Pelusio, Rochester Linoleum & Carpet Center, Inc., and Pelusio Family Partners, L.L.C. from an order issued by the Supreme Court in Monroe County (Judge Matthew A. Rosenbaum) on January 25, 2017. The order denied the defendants' motion to suspend payments owed to the plaintiff, Donna Haher, under their agreement, citing a claimed lack of funds. The Appellate Division unanimously affirmed the lower court's order without costs, indicating that the rationale for the decision was consistent with a previous memorandum in Haher v. Pelusio, appeal No. 1.
Legal Issues Addressed
Appellate Review of Lower Court Decisionssubscribe to see similar legal issues
Application: The Appellate Division conducted a review of the lower court's decision and found no error, affirming the order without costs.
Reasoning: The Appellate Division unanimously affirmed the lower court's order without costs, indicating that the rationale for the decision was consistent with a previous memorandum in Haher v. Pelusio, appeal No. 1.
Enforcement of Payment Obligations Under Contractsubscribe to see similar legal issues
Application: The Appellate Division upheld the enforcement of payment obligations under the agreement between the parties, rejecting the defendants' claim of insufficient funds as a basis to suspend payments.
Reasoning: The order denied the defendants' motion to suspend payments owed to the plaintiff, Donna Haher, under their agreement, citing a claimed lack of funds.