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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Summary Judgment: Resetarits Construction Corp. v. Pierce

Fourth Department — Summary Judgment: Resetarits Construction Corp. v. Pierce

Appellate Division, Fourth Department

Summary Judgment

Further Discovery

Resetarits Construction Corp. v. Pierce
CA 13-01522
Appealed from Supreme Court, Erie County

Background: The plaintiff commenced this action seeking damages for breach of contract based on the alleged failure of the defendant to pay for work performed by the plaintiff pursuant to a construction contract. The defendant appealed the grant of partial summary judgment.

Ruling: The Appellate Division affirmed. The court held the defendant failed to demonstrate that the further discovery sought would produce evidence sufficient to defeat the plaintiff’s motion. As such, there was sufficient evidence to demonstrate an enforceable agreement was entered into by the parties.

Beverly S. Braun of Jaeckle Fleischmann & Mugel for the defendant-appellant; Andrew O. Miller of Lipsitz Green Scime Cambria for the plaintiff-respondent