Narrative Opinion Summary
The defendant appeals a portion of a Supreme Court order from Westchester County that denied its cross motion to dismiss a breach of contract complaint. The appellate court modifies the order by granting the defendant's request to dismiss the fraud claim, as such a claim cannot coexist with a breach of contract claim. The court cites relevant case law to support this conclusion. However, for the remaining causes of action, the defendant failed to establish a prima facie case for entitlement to judgment as a matter of law. The modified order is affirmed without costs or disbursements, and all justices concur in the decision.
Legal Issues Addressed
Fraud Claim in Conjunction with Breach of Contractsubscribe to see similar legal issues
Application: The court determined that a fraud claim cannot coexist with a breach of contract claim, leading to the dismissal of the fraud claim.
Reasoning: The appellate court modifies the order by granting the defendant's request to dismiss the fraud claim, as such a claim cannot coexist with a breach of contract claim.
Modification of Lower Court Orderssubscribe to see similar legal issues
Application: The appellate court modified the lower court's order by partially granting the motion to dismiss, while affirming the remaining portions of the order.
Reasoning: The appellate court modifies the order by granting the defendant's request to dismiss the fraud claim... The modified order is affirmed without costs or disbursements.
Prima Facie Case for Entitlement to Judgmentsubscribe to see similar legal issues
Application: The defendant was unable to establish a prima facie case that would entitle it to judgment as a matter of law on the remaining causes of action.
Reasoning: However, for the remaining causes of action, the defendant failed to establish a prima facie case for entitlement to judgment as a matter of law.