General

Nassau Suffolk Lumber & Supply Corp., Respondent, v. Electrograph Technologies Corp., Formerly Known as Manchester Technologies, Inc., Appellant

91 A.D.3d 920937 N.Y.S.2d 598·New York Supreme Court, Appellate Division·2012·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Nassau Suffolk Lumber & Supply Corp., Respondent, v Electrograph Technologies Corp., Formerly Known as Manchester Technologies, Inc., Appellant. [937 NYS2d 598] [MAJORITY] The defendant failed to demonstrate that it had a potentially meritorious defense to the action on the issue of liability for breach of the commercial lease (see generally Holy Props. v Cole Prods., 87 NY2d 130, 133-134 [1995]; Riverside Research Inst. v KMGA, Inc., 68 NY2d 689, 691-692 [1986]; REP A8 LLC v Aventura Tech., Inc., 68 AD3d 1087, 1089 [2009]). Accordingly, the Supreme Court properly denied the defendant’s motion to vacate the default judgment. Dillon, J.E, Balkin, Belen and Austin, JJ., concur.