Scott Mollen Contracts—Time of the Essence—Motion To Dismiss Complaint Denied—Issues of Fact Require Discovery
This decision involved a motion by defendants pursuant to the CPLR §3211, seeking to dismiss the complaint on the grounds that it failed to state a cause of action. The plaintiff cross‑moved, seeking summary judgment, arguing there are no issues of fact and they are entitled to the ultimate relief.Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case "E. Upreal LLC v. Rogers Equities LLC," where discovery was needed to resolve issues, and "GSKP LLC v. Lee" where the landlord failed to show that the tenant's bird feeding constituted a nuisance.
June 22, 2021 at 11:11 AM
16 minute read
Scott Mollen
Contracts—Time of the Essence—Motion To Dismiss Complaint Denied—Issues of Fact Require Discovery
This decision involved a motion by defendants pursuant to the CPLR §3211, seeking to dismiss the complaint on the grounds that it failed to state a cause of action. The plaintiff cross‑moved, seeking summary judgment, arguing there are no issues of fact and they are entitled to the ultimate relief.
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