Frouge Corp. v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Frouge Corp. v. New York City Housing Authority

33 A.D.2d 996, 307 N.Y.S.2d 821, 1970 N.Y. App. Div. LEXIS 5606

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

DecidedFebruary 2, 1970

StatusPublished

This text of 33 A.D.2d 996 (Frouge Corp. v. New York City Housing Authority) 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

Frouge Corp. v. New York City Housing Authority, 33 A.D.2d 996, 307 N.Y.S.2d 821, 1970 N.Y. App. Div. LEXIS 5606 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order and judgment (one paper) entered August 13, 1969, granting summary judgment dismissing the third-party complaint reversed on the law, with $50 costs and disbursements to appellant to abide the event and motion denied. The record presents triable issues as to whether matters in controversy in the instant suit were the same as those litigated in the prior arbitration proceeding, and whether the claim made by plaintiff is barred by the one-year guarantee limitation. Since pretrial procedures may result in adducing proof in clarification of these issues, the reversal and denial of summary judgment should be without prejudice to a [997]*997renewal of such motion upon completion of pretrial procedures. Concur —' Eager, J. P., Markewich, Nunez, McNally and Macken, JJ.

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Order and judgment (one paper) entered August 13, 1969, granting summary judgment dismissing the third-party complaint reversed on the law, with $50 costs and disbursements to appellant to abide the event and motion denied. The record presents triable issues as to whether matters in controversy in the instant suit were the same as those litigated in the prior arbitration proceeding, and whether the claim made by plaintiff is barred by the one-year guarantee limitation. Since pretrial procedures may result in adducing proof in clarification of these issues, the reversal and denial of summary judgment should be without prejudice to a [997]*997renewal of such motion upon completion of pretrial procedures. Concur —' Eager, J. P., Markewich, Nunez, McNally and Macken, JJ.

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Bluebook (online)

33 A.D.2d 996, 307 N.Y.S.2d 821, 1970 N.Y. App. Div. LEXIS 5606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frouge-corp-v-new-york-city-housing-authority-nyappdiv-1970.