We’re pleased to share a recent success from Suffolk County Supreme Court, where we successfully opposed a summary judgment motion, keeping our client’s case alive. In the matter of R&R Commercial Realty Group LLC v. Excell Communications, Inc., the defendant sought dismissal of our breach of contract claim through summary judgment. However, the court agreed with our arguments, denying the motion and allowing the case to proceed to trial.
Case Background
Our client, R&R Commercial Realty Group, LLC, brought this action against Excell Communications, Inc., alleging a breach of contract. Excell sought to have the case dismissed by filing a motion for summary judgment, relying heavily on an alleged contract to support its claim. However, the document in question—a purported Outside Broker Agreement between Excell and Cushman & Wakefield—was incomplete and not fully executed, which cast doubt on its validity as binding evidence.
Our Approach
We argued that Excell failed to meet the legal standards necessary for summary judgment. In New York, a party moving for summary judgment must make a prima facie showing that there are no material issues of fact requiring a trial. In this case, Excell’s reliance on an incomplete contract, combined with an attorney’s affirmation rather than a sworn affidavit from a knowledgeable party, fell short of the legal standard.
The court agreed, emphasizing that an attorney’s affirmation is not considered competent evidence and cannot be the sole basis for a summary judgment motion. Without a verified answer or supporting affidavit, the court found that Excell had not met the necessary threshold to eliminate all material issues of fact.
Outcome
The denial of this motion allows our client to continue pursuing their breach of contract claim. This decision underscores the importance of presenting fully executed agreements and competent evidence when seeking summary judgment. We remain committed to advocating vigorously on behalf of our clients and achieving positive outcomes.
Stay tuned as we continue to fight for justice and uphold the rights of our clients in complex commercial disputes.