Whalen v. Villegas


New York Law Journal


Judge Fred Hirsh

Plaintiffs bride and groom moved for summary judgment on their claims for breach of contract, and damages. They alleged defendants photographers failed to preserve pictures taken at their wedding, thus did not receive what they paid for. Plaintiffs also sought damages for costs they claimed they will incur to re-shoot the lost wedding pictures. The court noted it could not determine based on the pleadings against whom summary judgment should be granted as neither the papers nor the complaint indicated the type of business entity Unique Vision Studios was. It stated without proper proof, it could not determine who was liable to plaintiffs for the failure to provide all the photos and albums the photographers were required to provide and plaintiffs were contractually entitled to receive. Further, the court stated even if it could grant summary judgment on liability, issues remained on damages for the breach of contract claim. It noted plaintiffs' claim that an email from defendant Nina Villegas regarding re-shooting the lost photos created an agreement was meritless, as it was merely an offer to settle, without indication plaintiffs accepted. As plaintiffs failed to make a prima facie showing of entitlement on either of their claims, summary judgment was denied.

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