G.M. Data Corp. v. Potato Farms, LLC
| Decision Date | 10 May 2012 |
| Parties | G.M. DATA CORP., etc., Plaintiff–Respondent, v. POTATO FARMS, LLC, Defendant–Appellant, Hyde Park Gourmet, LLC, etc., et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
95 A.D.3d 592
944 N.Y.S.2d 102
2012 N.Y. Slip Op. 03753
G.M. DATA CORP., etc., Plaintiff–Respondent,
v.
POTATO FARMS, LLC, Defendant–Appellant,
Hyde Park Gourmet, LLC, etc., et al., Defendants.
Supreme Court, Appellate Division, First Department, New York.
May 10, 2012.
[944 N.Y.S.2d 103]
Michael Resko, New York, for appellant.
Brown & Whalen, P.C., New York (Rodney A. Brown of counsel), for respondent.
FRIEDMAN, J.P., SWEENY, DEGRASSE, ABDUS–SALAAM, ROMÁN, JJ.
[95 A.D.3d 592]Second amended order and judgment (one paper), Supreme [95 A.D.3d 593]Court, New York County (Louis Crespo, Special Referee), entered October 20, 2011, insofar as appealed from, awarding plaintiff G.M. Data Corp. d/b/a GMDC Business Consultants the total sum of $1,955,283.08 against defendant Potato Farms, LLC d/b/a Amish Market d/b/a Zeytuna (defendant), unanimously affirmed, without costs. Appeal from the underlying order, New York County (Richard B. Lowe, III, J.), entered October 18, 2010, which, insofar as appealed from, granted plaintiff's motion to strike defendant's amended answer and affirmative defenses, unanimously dismissed, without costs, as subsumed in the appeal from the second amended order and judgment.
In this action for breach of contract and unjust enrichment, the gravamen of plaintiff's complaint is that defendants breached the terms of three written and executed “Open Listing Agreements” by failing to pay brokerage commissions to plaintiff after selling certain membership interests or assets in defendants' companies to ready, willing and able buyers allegedly presented by plaintiff. The grounds for plaintiff's motion to strike defendants' answer are alleged violations by defendants of the IAS court's February 25, 2010 order directing defendants' production of various discovery. Because of the extent of violations which precipitated the order, it contained self-executing language where non-compliance would result in a striking of defendants' answer. Notwithstanding, the IAS court directed an additional motion to be made in order to allow for an additional opportunity to review the record.
Upon further review, the court properly determined that, in violation of the order, defendant, inter alia, had failed to produce Jody B. Vitale (Vitale), the alleged purchaser of the subject transactions, for continued deposition, as well as certain bank account authorizations, communications, and documents. The record supports the court's determination that, since the...
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Gliklad v. Cherney
...were deemed admitted (Wilson v. Galicia Contracting & Restoration Corp., 10 N.Y.3d 827, 830 [2008]; G.M. Data Corp. v. Potato Farms, LLC, 95 A.D.3d 592, 594 [1st Dept., 2012]). In addition, it is noteworthy that Gliklad exhibits evidence that was presented during the five years of litigatio......
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Eli Cabinetry, Inc. v. P.C. Consulting Mgmt. Corp., 5678N
...comply with their discovery obligations set forth in the court's order entered July 20, 2015 (see G.M. Data Corp. v. Potato Farms, LLC, 95 A.D.3d 592, 593, 944 N.Y.S.2d 102 [1st Dept. 2012] ; Toribio v. J.D. Posillico, Inc., 268 A.D.2d 394, 395, 702 N.Y.S.2d 278 [1st Dept. 2000] ).We have c......
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Attorney conduct
...discovery warranted sanction of $10,000 rather than striking of answer. G. M. Data Corp. v. Potato Farms, LLC et al. , 95 A.D.3d 592, 944 N.Y.S.2d 102 (1st Dept. 2012). In breach of contract action claiming failure to pay brokerage commissions, failure to produce witness and furnish certain......
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Table of cases
...Caldor, Inc., 226 A.D.2d 246, 641 N.Y.S.2d 259 (1st Dept. 1996), § 16:110 G G. M. Data Corp. v Potato Farms, LLC et al. , 95 A.D.3d 592, 944 N.Y.S.2d 102 (1st Dept. 2012), § 18:30 Gagliardi v. American Suzuki Motor Corp., 303 A.D.2d 718, 757 N.Y.S.2d 581 (2d Dept. 2003), § 5:200 Galetta v. ......
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Attorney conduct
...discovery warranted sanction of $10,000 rather than striking of answer. G. M. Data Corp. v. Potato Farms, LLC et al. , 95 A.D.3d 592, 944 N.Y.S.2d 102 (1st Dept. 2012). In breach of contract action claiming failure to pay brokerage commissions, failure to produce witness and furnish certain......
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Attorney conduct
...discovery warranted sanction of $10,000 rather than striking of answer. G. M. Data Corp. v. Potato Farms, LLC et al., 95 A.D.3d 592, 944 N.Y.S.2d 102 (1st Dept. 2012). In breach of contract action claiming failure to pay brokerage commissions, failure to produce witness and furnish certain ......