Aviation Petroleum, Inc. v. Independent Oil, Inc.

209 A.D.2d 656, 619 N.Y.S.2d 670, 1994 N.Y. App. Div. LEXIS 11736

This text of 209 A.D.2d 656 (Aviation Petroleum, Inc. v. Independent Oil, 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.

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Aviation Petroleum, Inc. v. Independent Oil, Inc., 209 A.D.2d 656, 619 N.Y.S.2d 670, 1994 N.Y. App. Div. LEXIS 11736 (N.Y. Ct. App. 1994).

Opinion

—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated July 13, 1992, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff’s motion for summary judgment because of the existence of numerous factual issues, including whether the defendant had authority to transfer the funds in question (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Ritter, J. P., Santucci, Friedmann and Goldstein, JJ., concur.

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Related

Zuckerman v. City of New York
404 N.E.2d 718 (New York Court of Appeals, 1980)

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Bluebook (online)
209 A.D.2d 656, 619 N.Y.S.2d 670, 1994 N.Y. App. Div. LEXIS 11736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aviation-petroleum-inc-v-independent-oil-inc-nyappdiv-1994.