LMV Food Corp. v. Jefferson Pizza, Inc.

Appellate Division of the Supreme Court of New York

LMV Food Corp. v. Jefferson Pizza, Inc.

269 A.D.2d 501, 704 N.Y.S.2d 500, 2000 N.Y. App. Div. LEXIS 1991

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

DecidedFebruary 22, 2000

StatusPublished

This text of 269 A.D.2d 501 (LMV Food Corp. v. Jefferson Pizza, 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

LMV Food Corp. v. Jefferson Pizza, Inc., 269 A.D.2d 501, 704 N.Y.S.2d 500, 2000 N.Y. App. Div. LEXIS 1991 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated April 30, 1999, as, upon, in effect, granting reargument of the plaintiffs prior motion for partial summary judgment on the issue of liability which was denied by order of the same court dated March 28, 1997, granted the motion, and directed a hearing as to damages.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs’ motion for partial summary judgment is denied.

There are questions of fact which require the denial of partial summary judgment on the issue of liability. Ritter, J. P., Altman, Krausman and Goldstein, JJ., concur.

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—In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated April 30, 1999, as, upon, in effect, granting reargument of the plaintiffs prior motion for partial summary judgment on the issue of liability which was denied by order of the same court dated March 28, 1997, granted the motion, and directed a hearing as to damages.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs’ motion for partial summary judgment is denied.

There are questions of fact which require the denial of partial summary judgment on the issue of liability. Ritter, J. P., Altman, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

269 A.D.2d 501, 704 N.Y.S.2d 500, 2000 N.Y. App. Div. LEXIS 1991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lmv-food-corp-v-jefferson-pizza-inc-nyappdiv-2000.