Commercial Tenant Services, Inc. v. Penske Business Media, LLC, No. 1:2020cv09756 - Document 41 (S.D.N.Y. 2022)

Court Description: OPINION AND ORDER re: 18 MOTION for Summary Judgment . filed by Commercial Tenant Services, Inc., 14 MOTION for Partial Summary Judgment . filed by Penske Business Media, LLC. In light of the foregoing analysis, pla intiff's motion for summary judgment is denied; defendant's motion for partial summary judgment is granted in part and denied in part. The remaining claims to proceed to trial are as follows: (1) plaintiff's breach of contract claims as to commissions it may be owed for real estate tax Identifications as to the 2nd, 3rd, 14th, 16th, 19th, and 24th floors of PBM's Building and (2) plaintiff's claim for attorney's fees. Summary judgment in PBM' s favor dispo ses of plaintiff's claims as to the 4th and 5th floors, quantum meruit, and declaratory judgment. Trial will commence on March 13, 2023; a joint pretrial order, any motions in limine, proposed voir dire, and proposed jury charges are due by Fe bruary 6, 2023; responses to any motions in limine are due by February 13, 2023; a final pretrial conference in this matter will take place on February 24, 2023 at 10:00 a.m. in Courtroom 23A, 500 Pearl St, New York, NY. SO ORDERED. (Motions due by 2/6/2023., Pretrial Order due by 2/6/2023., Responses due by 2/13/2023, Ready for Trial by 3/13/2023., Final Pretrial Conference set for 2/24/2023 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 9/16/2022) (jca)