80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc.
This text of 151 A.D.2d 456 (80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated May 11, 1988, which denied its motion for summary judgment.
Ordered that the order is affirmed, with one bill of costs.
We find, as did the Supreme Court, that triable issues of fact exist as to whether the premises were insured at the time of the fire. This pivotal issue cannot be determined on the basis of the conflicting motion papers. Mollen, P. J., Mangano, Kunzeman and Balletta, JJ., concur.
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Cite This Page — Counsel Stack
151 A.D.2d 456, 543 N.Y.S.2d 334, 1989 N.Y. App. Div. LEXIS 7488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/80-12-astoria-blvd-corp-v-william-c-emmanuel-son-inc-nyappdiv-1989.