Novak & Co. v. New York Fruit Auction Corp.

Appellate Division of the Supreme Court of New York

Novak & Co. v. New York Fruit Auction Corp.

56 A.D.2d 576, 390 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 10611

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

DecidedFebruary 7, 1977

StatusPublished

This text of 56 A.D.2d 576 (Novak & Co. v. New York Fruit Auction 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

Novak & Co. v. New York Fruit Auction Corp., 56 A.D.2d 576, 390 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 10611 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action, inter alia, on a contract, defendant appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Kings County, dated April 9, 1976, as (a) granted plaintiff’s motion for summary judgment as to the first cause of action, (b) directed the entry of judgment thereon and (c) severed the third cause of action and (2) the judgment of the same court entered thereon on April 29, 1976. Order reversed insofar as appealed from and judgment reversed, on the law, with one bill of $50 costs and disbursements to cover both appeals, and motion for summary judgment as to the first cause of action denied. The record discloses the existence of material issues of fact which can only be resolved upon a trial. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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In an action, inter alia, on a contract, defendant appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Kings County, dated April 9, 1976, as (a) granted plaintiff’s motion for summary judgment as to the first cause of action, (b) directed the entry of judgment thereon and (c) severed the third cause of action and (2) the judgment of the same court entered thereon on April 29, 1976. Order reversed insofar as appealed from and judgment reversed, on the law, with one bill of $50 costs and disbursements to cover both appeals, and motion for summary judgment as to the first cause of action denied. The record discloses the existence of material issues of fact which can only be resolved upon a trial. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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Bluebook (online)

56 A.D.2d 576, 390 N.Y.S.2d 1020, 1977 N.Y. App. Div. LEXIS 10611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novak-co-v-new-york-fruit-auction-corp-nyappdiv-1977.