Brown v. First Alert Ambulette, Inc.

Appellate Division of the Supreme Court of New York

Brown v. First Alert Ambulette, Inc.

250 A.D.2d 400, 672 N.Y.S.2d 696, 1998 N.Y. App. Div. LEXIS 5388

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

DecidedMay 12, 1998

StatusPublished

This text of 250 A.D.2d 400 (Brown v. First Alert Ambulette, 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.

Bluebook

Brown v. First Alert Ambulette, Inc., 250 A.D.2d 400, 672 N.Y.S.2d 696, 1998 N.Y. App. Div. LEXIS 5388 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about May 19, 1997, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

In this action for a declaratory judgment, repayment of a loan, breach of fiduciary duty and fraud, the motion court improperly granted summary judgment. Issues of fact remain precluding summary judgment, including whether the oral agreement between the parties was a preincorporation agreement for a capital contribution or a loan to defendants, and whether defendants fulfilled those obligations. Concur — Lerner, P. J., Nardelli, Wallach, Williams and Saxe, JJ.

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—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about May 19, 1997, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

In this action for a declaratory judgment, repayment of a loan, breach of fiduciary duty and fraud, the motion court improperly granted summary judgment. Issues of fact remain precluding summary judgment, including whether the oral agreement between the parties was a preincorporation agreement for a capital contribution or a loan to defendants, and whether defendants fulfilled those obligations. Concur — Lerner, P. J., Nardelli, Wallach, Williams and Saxe, JJ.

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Bluebook (online)

250 A.D.2d 400, 672 N.Y.S.2d 696, 1998 N.Y. App. Div. LEXIS 5388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-first-alert-ambulette-inc-nyappdiv-1998.