Mathews v. John R. Simmons Construction Co.

Appellate Division of the Supreme Court of New York

Mathews v. John R. Simmons Construction Co.

94 A.D.2d 975, 464 N.Y.S.2d 322, 1983 N.Y. App. Div. LEXIS 18474

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

DecidedMay 25, 1983

StatusPublished

This text of 94 A.D.2d 975 (Mathews v. John R. Simmons Construction Co.) 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

Mathews v. John R. Simmons Construction Co., 94 A.D.2d 975, 464 N.Y.S.2d 322, 1983 N.Y. App. Div. LEXIS 18474 (N.Y. Ct. App. 1983).

Pincite

Opinion

—Judgment, insofar as appealed from, unanimously reversed, without costs, and motion denied as to defendant Fairmount Bowling Center, Inc. Memoran[976]*976dum: Summary judgment was improperly granted against defendant Fair-mount Bowling Center, Inc. (Fairmount). The retainer agreement upon which plaintiff’s suit is brought does not appear in the record. Although plaintiff claims that Fairmount is jointly and severally liable with the other defendants, either by virtue of the original agreement or pursuant to a subsequent ratification, that claim is denied by Fairmount. The record is devoid of an adequate basis upon which to resolve that and other issues. (Appeal from judgment of Supreme Court, Onondaga County, Tenney, J. — summary judgment — legal services.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, insofar as appealed from, unanimously reversed, without costs, and motion denied as to defendant Fairmount Bowling Center, Inc. Memoran[976]*976dum: Summary judgment was improperly granted against defendant Fair-mount Bowling Center, Inc. (Fairmount). The retainer agreement upon which plaintiff’s suit is brought does not appear in the record. Although plaintiff claims that Fairmount is jointly and severally liable with the other defendants, either by virtue of the original agreement or pursuant to a subsequent ratification, that claim is denied by Fairmount. The record is devoid of an adequate basis upon which to resolve that and other issues. (Appeal from judgment of Supreme Court, Onondaga County, Tenney, J. — summary judgment — legal services.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

94 A.D.2d 975, 464 N.Y.S.2d 322, 1983 N.Y. App. Div. LEXIS 18474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathews-v-john-r-simmons-construction-co-nyappdiv-1983.