G.A. Walker, Inc. v. Ray

Appellate Division of the Supreme Court of New York

G.A. Walker, Inc. v. Ray

216 A.D.2d 353, 628 N.Y.S.2d 529, 1995 N.Y. App. Div. LEXIS 6174

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

DecidedJune 12, 1995

StatusPublished

This text of 216 A.D.2d 353 (G.A. Walker, Inc. v. Ray) 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

G.A. Walker, Inc. v. Ray, 216 A.D.2d 353, 628 N.Y.S.2d 529, 1995 N.Y. App. Div. LEXIS 6174 (N.Y. Ct. App. 1995).

Pincite

Opinion

In an action to recover damages, inter alia, for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated November 12, 1993, as denied the branch of their motion which was for summary judgment on the breach of contract claims.

Ordered that the order is affirmed insofar as appealed from, with costs.

This action arises from a contract between the parties for the renovation of a home in Queens, New York. Contrary to the defendants’ contentions on appeal, various fundamental issues of fact that are not resolvable on the pleadings prevent the granting of summary judgment (see, Zuckerman v City of New York, 49 NY2d 557). Pizzuto, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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In an action to recover damages, inter alia, for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated November 12, 1993, as denied the branch of their motion which was for summary judgment on the breach of contract claims.

Ordered that the order is affirmed insofar as appealed from, with costs.

This action arises from a contract between the parties for the renovation of a home in Queens, New York. Contrary to the defendants’ contentions on appeal, various fundamental issues of fact that are not resolvable on the pleadings prevent the granting of summary judgment (see, Zuckerman v City of New York, 49 NY2d 557). Pizzuto, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

216 A.D.2d 353, 628 N.Y.S.2d 529, 1995 N.Y. App. Div. LEXIS 6174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ga-walker-inc-v-ray-nyappdiv-1995.

Opinion

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