Greenspoon Marder office sign

Greenspoon Marder's bid to escape a $520,000 suit brought by a document storage company that claimed the Am Law 200 law firm didn't pay its bills fell short when the judge ruled its contract argument was "unavailing."

Justice Andrew Borrok in Manhattan said it was clear Cityside Archives stated a claim for breach of contract in its complaint.

Even though the name of Jacob, Medinger & Finnegan, a New York firm acquired by Greenspoon in 2016, was on the contract with Cityside, Greenspoon Marder continued to send documents to and from Cityside's storage spaces after the acquisition and made payments on Cityside's invoices until 2018, the complaint alleges.

"It is beyond cavil that these allegations support the inference that there was a meeting of the minds and assent to the contract," the judge wrote. "The motion to dismiss the breach of contract claim therefore fails."

The rest of the claims — for unjust enrichment, promissory estoppel, implied breach of the covenant of good faith and fair dealing and declaratory judgment —  were thrown out when the judge noted several them duplicated the contract claim. Such claims are commonly pleaded in commercial disputes as a fail-safe measure in case the contract claim is dismissed.

The suit sought around $471,000 when it was filed last May. In the complaint, Cityside said it had about 10,000 Greenspoon boxes in its inventory as of April 4.

The dollar amount rose to $520,000 based on a preliminary conference order filed last week, which specified the parties expect discovery to be complete by June 15.

David Gorvitz, a shareholder at Orloff, Lowenbach, Stifelman & Siegel who represents Cityside Archives, has no comment by deadline.

A media representative for Greenspoon Marder didn't respond to a request for comment Monday.

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