Narrative Opinion Summary
Defendant Subaru Distributors Corporation appeals a portion of a Supreme Court order from Nassau County which denied its motion to dismiss the complaint or for summary judgment in a case regarding breach of an oral agreement and allegations of negligent and fraudulent representations. The appellate court affirmed the order, stating that the motion to dismiss must be denied in full if at least one cause of action in the complaint is legally sufficient. The court found that the plaintiff sufficiently stated a cause of action for fraudulent representations, and issues of fact exist that preclude summary judgment. Furthermore, the plaintiff had not yet been able to examine the defendant regarding the alleged conversations with its employees, making summary judgment particularly inappropriate. The decision was supported by Judges Damiani, Titone, Mangano, and Gibbons. The appellant was ordered to pay $50 in costs and disbursements.
Legal Issues Addressed
Discovery - Impact on Summary Judgmentsubscribe to see similar legal issues
Application: The pending discovery, specifically the plaintiff's lack of opportunity to examine the defendant, was a factor in the court's decision to deny summary judgment.
Reasoning: Furthermore, the plaintiff had not yet been able to examine the defendant regarding the alleged conversations with its employees, making summary judgment particularly inappropriate.
Fraudulent Representations - Sufficient Cause of Actionsubscribe to see similar legal issues
Application: The plaintiff was found to have sufficiently stated a cause of action for fraudulent representations, contributing to the denial of the defendant's motions.
Reasoning: The court found that the plaintiff sufficiently stated a cause of action for fraudulent representations.
Motion to Dismiss - Legal Sufficiency of Complaintsubscribe to see similar legal issues
Application: The court ruled that if at least one cause of action in a complaint is legally sufficient, a motion to dismiss must be denied in full.
Reasoning: The appellate court affirmed the order, stating that the motion to dismiss must be denied in full if at least one cause of action in the complaint is legally sufficient.
Summary Judgment - Existence of Factual Issuessubscribe to see similar legal issues
Application: The court determined that summary judgment was inappropriate due to unresolved factual issues, particularly regarding the plaintiff's inability to examine the defendant about alleged conversations.
Reasoning: The court found that the plaintiff sufficiently stated a cause of action for fraudulent representations, and issues of fact exist that preclude summary judgment.