Summary
The Appellate Division, Second Department, reversed an order granting the defendant summary judgment in an action involving alleged breach of a cleaning-services contract and an account stated. The court held that factual issues remained concerning the authenticity and execution of the contract and whether the parties agreed on the correctness of the plaintiff's invoices.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Department
Decision date
January 28, 2026
Docket number
2022-05417
Disposition
reversed
Questions Presented
- Whether Bagatelle waived its defense that its principal's signature on the alleged contract was not authentic.
- Whether Bagatelle established as a matter of law that its principal did not sign the alleged contract.
- Whether Bagatelle established that the contract was not binding because Palisades's principal's signature was absent from the produced copy.
- Whether Bagatelle established prima facie that the parties did not reach an express or implied agreement concerning the correctness of Palisades's invoices and the balance due.
- Whether Bagatelle was entitled to summary judgment dismissing the complaint.
Holdings
- Bagatelle did not waive its defense that the purported signature of its principal was not authentic because its answer specifically denied that the contract was executed by its manager and agent.
- Bagatelle failed to establish prima facie that its principal did not sign the alleged contract or that the contract was not binding because Palisades's principal's signature was absent from the produced copy.
- Bagatelle failed to establish prima facie that the parties did not reach an express or implied agreement as to the correctness of Palisades's invoices.
- Because Bagatelle failed to demonstrate prima facie entitlement to judgment as a matter of law, its summary judgment motion had to be denied regardless of the sufficiency of Palisades's opposition.
Court Document
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