80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc.

Appellate Division of the Supreme Court of New York

80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc.

151 A.D.2d 456, 543 N.Y.S.2d 334, 1989 N.Y. App. Div. LEXIS 7488

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 1989·Published

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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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.

80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc., 151 A.D.2d 456, 543 N.Y.S.2d 334, 1989 N.Y. App. Div. LEXIS 7488 (N.Y. Ct. App. 1989).

Pincite

151 A.D.2d 456 (80-12 Astoria Blvd. Corp. v. William C. Emmanuel & Son, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.