Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

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Contrary to the determination of the Supreme Court, the owners failed to establish their entitlement to judgment as a matter of law as to their contention that the plaintiffs lack standing. Moreover, I disagree with the conclusion reached by my colleagues in the majority. I submit that the matter is rife with material issues of fact which appropriately fall within the province of a jury and should not be resolved on a motion for summary judgment. In any event, the motion should have been denied as premature as the plaintiffs have established that there is relevant discovery solely within the province of the owners and the defendants We Care, Inc. (hereinafter We Care), We All Care, Inc. (hereinafter We All), and We Always Care, Inc. (hereinafter We Always; hereinafter collectively the We Care companies).

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