American Industrial Contracting Co. v. Modu-Wall-A. M. M. C.

Appellate Division of the Supreme Court of New York

American Industrial Contracting Co. v. Modu-Wall-A. M. M. C.

64 A.D.2d 619, 406 N.Y.S.2d 995, 1978 N.Y. App. Div. LEXIS 12397

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 10, 1978

StatusPublished

This text of 64 A.D.2d 619 (American Industrial Contracting Co. v. Modu-Wall-A. M. M. C.) 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.

Bluebook

American Industrial Contracting Co. v. Modu-Wall-A. M. M. C., 64 A.D.2d 619, 406 N.Y.S.2d 995, 1978 N.Y. App. Div. LEXIS 12397 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Kings County, dated May 26, 1977, which, upon the motion of defendant Blitman Construction Company, (1) dismissed the first, third, fifth and sixth causes of action of the amended complaint as against said defendant pursuant to CPLR 3211 (subd [a], par 7) and (2) granted said defendant summary judgment on the second and fourth causes of action pursuant to CPLR 3211 (subd [c]). Order modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision denying the motion of Blitman Construction Company as to the second and fourth causes of action. As so modified, order affirmed, without costs or disbursements. Summary judgment as to the second and fourth causes of action was improperly granted since questions of fact are present. Martuscello, J. P., Damiani, Margett and O’Connor, JJ., concur.

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—In an action, inter alia, to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Kings County, dated May 26, 1977, which, upon the motion of defendant Blitman Construction Company, (1) dismissed the first, third, fifth and sixth causes of action of the amended complaint as against said defendant pursuant to CPLR 3211 (subd [a], par 7) and (2) granted said defendant summary judgment on the second and fourth causes of action pursuant to CPLR 3211 (subd [c]). Order modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision denying the motion of Blitman Construction Company as to the second and fourth causes of action. As so modified, order affirmed, without costs or disbursements. Summary judgment as to the second and fourth causes of action was improperly granted since questions of fact are present. Martuscello, J. P., Damiani, Margett and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 619, 406 N.Y.S.2d 995, 1978 N.Y. App. Div. LEXIS 12397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-industrial-contracting-co-v-modu-wall-a-m-m-c-nyappdiv-1978.