Nelstad Material Corp. v. Frost Sand & Gravel Corp.

Appellate Division of the Supreme Court of New York

Nelstad Material Corp. v. Frost Sand & Gravel Corp.

269 A.D.2d 434, 702 N.Y.S.2d 922, 2000 N.Y. App. Div. LEXIS 1399

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

DecidedFebruary 14, 2000

StatusPublished

This text of 269 A.D.2d 434 (Nelstad Material Corp. v. Frost Sand & Gravel Corp.) 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

Nelstad Material Corp. v. Frost Sand & Gravel Corp., 269 A.D.2d 434, 702 N.Y.S.2d 922, 2000 N.Y. App. Div. LEXIS 1399 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered February 8, 1999, as denied its motion for summary judgment dismissing the complaint.

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

We agree with the Supreme Court that there are triable issues of fact which preclude the granting of summary judgment (see, CPLR 3212 [b]). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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—In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered February 8, 1999, as denied its motion for summary judgment dismissing the complaint.

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

We agree with the Supreme Court that there are triable issues of fact which preclude the granting of summary judgment (see, CPLR 3212 [b]). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)

269 A.D.2d 434, 702 N.Y.S.2d 922, 2000 N.Y. App. Div. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelstad-material-corp-v-frost-sand-gravel-corp-nyappdiv-2000.