Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Nelson Bros. W. Seneca LLC v. Kaplan

Counterclaims Under Closing Note Are Untimely; No Setoff Available Against Guaranty

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 001) 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 were read on this motion to    DISMISS COUNTERCLAIMS. DECISION ORDER ON MOTION Plaintiffs-Counterclaim Defendants Nelson Brothers West Seneca, LLC and its affiliates (“Plaintiffs”) move (NYSCEF 11) to dismiss Defendants-Counterclaim Plaintiffs Wayne Kaplan and Robert Borsody’s (“Defendants”) counterclaims for (1) breach of contract and (2) attorney’s fees (“Counterclaims”). For the reasons that follow, the motion is GRANTED. BACKGROUND Plaintiffs’ Complaint (NYSCEF 1) concerns a Master Lease Agreement as amended (“Lease” [NYSCEF 2-3]) between Plaintiffs and non-party Eden Heights of West Seneca Operating, LLC (“Eden”). The Lease concerns 3030 Clinton Street, West Seneca, New York (“the Property”). The Complaint asserts a single cause of action against Defendants to recover on a guaranty (“Guaranty” [NYSCEF 5]) of the Lease. The Guaranty provides that it is “absolute and unconditional” and that “[t]o the fullest extent allowed by applicable law, Guarantors herby waive the benefit of all statutory protections or rights afforded to them under applicable law.” Defendants’ Answer (NYSCEF 10) was filed on July 11, 2022. Defendants assert Counterclaims for breach of a note dated April 15, 2009 (“Premier Closing Note” [NYSCEF 16]) and for attorney’s fees under both the Premier Closing Note and Lease. Defendants claim to own non-party Premier Senior Living, L.L.C. (“Premier”) which was offered, in 2009, the opportunity to purchase the Property but lacked the funds to do so (Answer

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
General Counsel

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›
Insurance Coverage Associate

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›
Litigation Attorney -- New York

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements