Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05514
Data Mtge., Inc. v Money Source, Inc.
Read the official decision: 2026 NY Slip Op 05514
Holding The court affirmed summary judgment on the first cause of action regarding transfer fees but denied summary judgment on the second, third, and fourth causes of action due to contractual ambiguity and insufficient evidence. The court modified the order to grant summary judgment dismissing the counterclaim for breach of the confidentiality provision.
The court’s words
a written agreement that is complete, clear, and unambiguous on its face must be enforced according to the plain meaning of its terms
2026 NY Slip Op 05514, at the official text
the agreement did not define the terms "Welcome Call Fee" or "Manual Set Up Fee"
2026 NY Slip Op 05514, at the official text
the plaintiff established its prima facie entitlement to judgment as a matter of law dismissing the counterclaim
2026 NY Slip Op 05514, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05514 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05514 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 689 |
Recommended citation
ESQ HQ, New York Law Watch, Data Mtge., Inc. v Money Source, Inc., 2026 NY Slip Op 05514 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05514/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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