Voluto Ventures, LLC v. Jenkens & Gilchrist Parker Chapin LLP
Cases that cite this one
45 later published cases cite this decision. The 25 that cite it most often are listed here.
- Smith v. Kixby Hotel (Appellate Division of the Supreme Court of New York 2025)
- Juman v. Cape Church Assoc., LLC (Appellate Division of the Supreme Court of New York 2025)
- Holness v. 421 Kent Dev., LLC (New York Supreme Court, New York County 2025)
- Buenano v. City of New York (Appellate Division of the Supreme Court of New York 2025)
- Unitrin Safeguard Ins. Co. v. Manuel (Appellate Division of the Supreme Court of New York 2025)
- Cardenas v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2025)
- Carboni v. Alfa Romeo USA (Appellate Division of the Supreme Court of New York 2024)
- de Alcantara v. FANUC Ltd. (New York Supreme Court, New York County 2024)
- Morand v. Coachman Luxury Transp., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Guzman-Saquisili v. Harlem Urban Dev. Corp. (Appellate Division of the Supreme Court of New York 2024)
- de Alcantara v. FANUC Ltd. (New York Supreme Court, New York County 2024)
- Sotelo v. TRM Contr., LP (Appellate Division of the Supreme Court of New York 2023)
- Sotelo v. TRM Contr., LP (Appellate Division of the Supreme Court of New York 2023)
- Sangare v. 985 Bruckner Blvd. Hous. Dev. Fund Corp. (Appellate Division of the Supreme Court of New York 2023)
- Sangare v. 985 Bruckner Blvd. Hous. Dev. Fund Corp. (Appellate Division of the Supreme Court of New York 2023)
- RSR Corp. v. Leg Q LLC (Appellate Division of the Supreme Court of New York 2023)
- Rivera v. Matiz Architecture, PLLC (Appellate Division of the Supreme Court of New York 2023)
- FGP 1, LLC v. Pirogova (Appellate Division of the Supreme Court of New York 2023)
- Cafisi v. L&L Holding Co., LLC (Appellate Division of the Supreme Court of New York 2023)
- Bailey v. Gabrielli Truck Leasing LLC (Appellate Division of the Supreme Court of New York 2022)
- Chern v. Leclerc (Appellate Division of the Supreme Court of New York 2021)
- Corona v. HHSC 13th St. Dev. Corp. (Appellate Division of the Supreme Court of New York 2021)
- Corona v. HHSC 13th St. Dev. Corp. (Appellate Division of the Supreme Court of New York 2021)
- Corona v. HHSC 13th St. Dev. Corp. (Appellate Division of the Supreme Court of New York 2021)
- Rios v. City of New York (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, New York County (Rolando T. Acosta, J.), entered June 5, 2007, awarding plaintiff the principal sum of $200,000, pursuant to a revised order, same court and Justice, entered on or about May 21, 2007, which granted plaintiff summary judgment, unanimously affirmed, with costs. Appeal from orders, same court and Justice, entered on or about May 1 and 27, 2007, unanimously dismissed, without costs.
Defendant failed to contradict, through admissible evidence, the basic contention that it did not have the authority to send the money held in its escrow account on plaintiffs behalf to any entity other than plaintiff. We are not persuaded by defendant’s argument that its lack of discovery requires denial of the motion as premature. To avail oneself of CPLR 3212 (f) to defeat or delay summary judgment, a party must demonstrate that the needed proof is within the exclusive knowledge of the moving party (Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 AD2d 489 [1997]), that the claims in opposition are supported by something other than mere hope or conjecture (Neryaev v Solon, 6 AD3d 510 [2004]), and that the party has at least made some attempt to discover facts at variance with the moving party’s proof (see Cruz v Otis El. Co., 238 AD2d 540 [1997]). Defendant has failed to demonstrate that necessary diligence.
We have considered defendant’s remaining arguments and find them unavailing. Concur—Tom, J.P., Saxe, Nardelli, Sweeny and Catterson, JJ. [See 2007 NY Slip Op 31116(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.