SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Whaley
Clemente Bros. Contracting Corp. v. Hafner-Milazzo
Citation:
23 N.Y.3d 277, 14 N.E.3d 367, 991 N.Y.S.2d 14 (2014)Facts
In April 2007, Clemente Brothers took out a loan and line of credit with Capital One, both backed by promissory notes. Clemente Brothers could draw money on the line of credit by sending signed drawdown requests to Capital One. Jeffrey Clemente, the principal of Clemente Brothers, executed a personal guaranty with respect to the loan and line of credit and was solely authorized to sign drawdown requests on the line of credit. A corporate resolution provided that Clemente Brothers shall notify Capital One within 14 days of the delivery or mailing of any bank statement that contained any errors or forgeries. Over the course of 2008 and 2009, Clemente Brothers’ bookkeeper, Aprile Hafner-Milazzo, began embezzling funds from the company by forging Jeffrey Clemente’s signature on drawdown requests for the line of credit and on other documents. In February 2010, after discovering the embezzlement scheme, Clemente Brothers informed Capital One. Capital One responded by demanding payment on the promissory notes. Clemente Brothers brought suit against Capital One and Hafner-Milazzo to recover on the embezzled funds and prevent Capital One from enforcing the notes.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
6m 28s
4m 50s
Topic Refresher Course 