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Where plaintiff has moved for summary disposition on breach of contract claims based on 11 equipment lease agreements, summary disposition is appropriate as to liability, but the precise amount of damages remains in genuine dispute.
“Plaintiff, as the assignee of Applied Imaging and Toshiba Financial Services—non-parties to this action that provide printer equipment—moves for summary disposition on eleven separate breach of contract claims, seeking total damages in the amount of $199,695.53.
“Defendant argues that Plaintiff failed to include many of the exhibits referenced in its Motion; that various affidavits cited in the Motion were not attached; and that Plaintiff has not provided any sufficient documentation to substantiate the monthly charges it claims are due — particularly those amounts that allegedly exceed the charges permitted under the terms of the Agreements. Plaintiff filed a Reply, attaching a complete set of all of the exhibits referenced in Plaintiff’s Motion, as well as Exhibit B, which purports to evidence the notices of default sent to Defendant.
“Defendant is correct that Plaintiff’s Motion references exhibits that were not attached to the Motion itself. However, these exhibits were attached to the Complaint. And Plaintiff has since attached a complete set of the referenced exhibits to its Reply in support of the Motion. Plaintiff also represents that these materials were produced to Defendant during discovery. Accordingly, Defendant cannot credibly claim surprise or prejudice with respect to the documentation supporting Plaintiff’s Motion.
“Notably, Defendant has not disputed nor submitted any counter affidavit to Alainna Rohlik’s affidavit, nor does Defendant dispute that it entered into the eleven Agreements, defaulted on its obligations under those Agreements, or received notices of default. Based on the record, the Court finds that there is no genuine issue of material fact as to Defendant’s liability under the eleven Agreements at issue.
“Finally, with respect to the amount of damages, this Court agrees with Defendant’s argument— that the claimed monthly payment amounts do not appear to align the actual monthly contractual rates set forth in the Lease Agreements. As such, while summary disposition is appropriate as to liability, the precise amount of damages remains in genuine dispute and therefore cannot be resolved at this stage. The issue of damages shall proceed consistent with this ruling.”
