National Telecanvass Associates, Ltd. v. Smith

Appellate Division of the Supreme Court of New York

National Telecanvass Associates, Ltd. v. Smith

81 A.D.2d 610, 440 N.Y.S.2d 554, 1981 N.Y. App. Div. LEXIS 11101

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

DecidedApril 13, 1981

StatusPublished

This text of 81 A.D.2d 610 (National Telecanvass Associates, Ltd. v. Smith) 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

National Telecanvass Associates, Ltd. v. Smith, 81 A.D.2d 610, 440 N.Y.S.2d 554, 1981 N.Y. App. Div. LEXIS 11101 (N.Y. Ct. App. 1981).

Pincite

Opinion

— In an action to recover damages for breach of contract, defendants appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, entered August 11, 1980, which granted plaintiff’s motion for summary judgment. Order and judgment reversed, with $50 costs and disbursements, and motion is denied. The affidavits submitted by defendants in opposition to this motion for summary judgment indicate that there exist triable issues of fact regarding plaintiff’s performance under the contract and who, in fact, was the breaching party. Thus, plaintiff’s motion should have been denied and a trial held on the issues. Mollen, P. J., Hopkins, Weinstein and Thompson, JJ., concur.

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

— In an action to recover damages for breach of contract, defendants appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, entered August 11, 1980, which granted plaintiff’s motion for summary judgment. Order and judgment reversed, with $50 costs and disbursements, and motion is denied. The affidavits submitted by defendants in opposition to this motion for summary judgment indicate that there exist triable issues of fact regarding plaintiff’s performance under the contract and who, in fact, was the breaching party. Thus, plaintiff’s motion should have been denied and a trial held on the issues. Mollen, P. J., Hopkins, Weinstein and Thompson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

81 A.D.2d 610, 440 N.Y.S.2d 554, 1981 N.Y. App. Div. LEXIS 11101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-telecanvass-associates-ltd-v-smith-nyappdiv-1981.