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VALENTI v. GOING GRAIN, INC.

6136 155293/12.

159 A.D.3d 645 (2018)

74 N.Y.S.3d 520

2018 NY Slip Op 02256

THOMAS VALENTI SR., Individually and as Nominee of KRUNCH PIZZA BAR, LLC, Respondent, v. GOING GRAIN, INC., et al., Appellants.

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

Decided March 29, 2018.

Plaintiff made a prima facie showing of his entitlement to summary judgment on the second contract of sale by submitting the contract and related promissory note and evidence of Krunch Pizza Bar, LLC's performance, defendants' breach, and the resulting damages (see Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]). In opposition, defendants failed to raise a triable issue. At the outset, we note that defendants...

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