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New Alliance Bank v. C.P. Motion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 22, 2007

NEW ALLIANCE BANK, PLAINTIFF,
v.
C.P. MOTION, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Siragusa, J.

DECISION AND ORDER

Before the Court is plaintiff's motion (# 17) for summary judgment. The facts alleged by plaintiff, and not disputed by defendants, show a breach of the Master Lease Agreement, the terms of which include the remedy for a breach. Although defendants have raised issues concerning good faith negotiations to resolve the breach, they have not contended on this motion that there is no breach. In fact, defense counsel conceded that any modifications to the Master Agreement had to be in writing and since there was no writing, there could be no modification. (Real Time Transcript of Oral Argument (May 18, 2007) at 4.) Plaintiff is, therefore, entitled to judgment. Further, the Master Lease Agreement specifically states that plaintiff is entitled to reasonable attorney's fees and costs.

The Court awards $272,515.10 in damages against defendants. In addition, the Court awards reasonable attorney's fees of $4,953.00 and costs and disbursements of $719.28, for a total judgment of $278,187.38. Accordingly, it is hereby

ORDERED, that the Clerk enter judgment for plaintiff in the amount of $278,187.38.

It Is So Ordered.

CHARLES J. SIRAGUSA United States District Judge

20070822

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