KÄRST v. W.P. CAREY INC.

653827/15, 4797, 4796.

157 A.D.3d 401 (2018)

69 N.Y.S.3d 272

2018 NY Slip Op 00003

JAN F. KÄRST, Appellant, v. W.P. CAREY INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 2, 2018.


In this breach of contract action, there are material issues of fact surrounding the purpose of the payments received by plaintiff between December 2013 and September 2014, that render summary judgment improper. Moreover, even though the parties agree that interest is due to plaintiff, they disagree about the date from which interest should run, as well as the amount on which it should be calculated.

Between June 2003 and September 2008, plaintiff, a former employee...

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