Levine v. Orion Limited Partnership

Appellate Division of the Supreme Court of New York

Levine v. Orion Limited Partnership

195 A.D.2d 594, 602 N.Y.S.2d 544, 1993 N.Y. App. Div. LEXIS 7576

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

DecidedJuly 26, 1993

StatusPublished

This text of 195 A.D.2d 594 (Levine v. Orion Limited Partnership) 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

Levine v. Orion Limited Partnership, 195 A.D.2d 594, 602 N.Y.S.2d 544, 1993 N.Y. App. Div. LEXIS 7576 (N.Y. Ct. App. 1993).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of fiduciary duties, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated August 29, 1990, as denied his motion for partial summary judgment and his separate motion for a preliminary injunction.

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

"[T]o grant summary judgment, it must clearly appear that no material triable issue of fact is presented. Where the court entertains any doubt as to whether a triable issue of fact exists, summary judgment should be denied” (Daliendo v Johnson, 147 AD2d 312, 317). The court properly denied the plaintiffs motion for partial summary judgment. Further, the plaintiff failed to establish that he is entitled to a preliminary injunction (see, County of Orange v Lockey, 111 AD2d 896). Thompson, J. P., Balletta, Fiber and Ritter, JJ., concur.

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In an action, inter alia, to recover damages for breach of fiduciary duties, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated August 29, 1990, as denied his motion for partial summary judgment and his separate motion for a preliminary injunction.

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

"[T]o grant summary judgment, it must clearly appear that no material triable issue of fact is presented. Where the court entertains any doubt as to whether a triable issue of fact exists, summary judgment should be denied” (Daliendo v Johnson, 147 AD2d 312, 317). The court properly denied the plaintiffs motion for partial summary judgment. Further, the plaintiff failed to establish that he is entitled to a preliminary injunction (see, County of Orange v Lockey, 111 AD2d 896). Thompson, J. P., Balletta, Fiber and Ritter, JJ., concur.

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Bluebook (online)

195 A.D.2d 594, 602 N.Y.S.2d 544, 1993 N.Y. App. Div. LEXIS 7576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-orion-limited-partnership-nyappdiv-1993.

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