Evon Pharmacy, Inc. v. Cohen

Appellate Division of the Supreme Court of New York

Evon Pharmacy, Inc. v. Cohen

201 A.D.2d 531, 608 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 13708

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

DecidedFebruary 14, 1994

StatusPublished

This text of 201 A.D.2d 531 (Evon Pharmacy, Inc. v. Cohen) 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

Evon Pharmacy, Inc. v. Cohen, 201 A.D.2d 531, 608 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 13708 (N.Y. Ct. App. 1994).

Pincite

Opinion

In an action to recover damages for wrongful eviction, trespass, and breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated February 4, 1992, which denied his motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

There is conflicting information in the affidavits of the parties as to whether the part of the basement in which the defendant landlord installed a hot water heater was leased by the plaintiff or used by the plaintiff to store pharmaceuticals. Thus, there are triable issues of fact which preclude granting partial summary judgment. Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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In an action to recover damages for wrongful eviction, trespass, and breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated February 4, 1992, which denied his motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

There is conflicting information in the affidavits of the parties as to whether the part of the basement in which the defendant landlord installed a hot water heater was leased by the plaintiff or used by the plaintiff to store pharmaceuticals. Thus, there are triable issues of fact which preclude granting partial summary judgment. Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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Bluebook (online)

201 A.D.2d 531, 608 N.Y.S.2d 875, 1994 N.Y. App. Div. LEXIS 13708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evon-pharmacy-inc-v-cohen-nyappdiv-1994.