Russgood Construction Co. v. City of New York

Appellate Division of the Supreme Court of New York

Russgood Construction Co. v. City of New York

42 A.D.2d 911, 347 N.Y.S.2d 565, 1973 N.Y. App. Div. LEXIS 3547

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

DecidedSeptember 24, 1973

StatusPublished

This text of 42 A.D.2d 911 (Russgood Construction Co. v. City of New York) 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

Russgood Construction Co. v. City of New York, 42 A.D.2d 911, 347 N.Y.S.2d 565, 1973 N.Y. App. Div. LEXIS 3547 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover a balance owing on a contract, defendant appeals from an order of the Supreme Court, Kings County, entered January 10, 1973, which resettled a judgment of said court in favor of plaintiffs, upon the granting of their motion for summary judgment. Order reversed, without costs; original judgment vacated; plaintiffs’ motion for summary judgment denied; and defendant’s motion for resettlement dismissed as academic. In our opinion, there are issues of fact in this case, arising out of the construction of the contract here involved, and therefore the granting of summary judgment is precluded. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to recover a balance owing on a contract, defendant appeals from an order of the Supreme Court, Kings County, entered January 10, 1973, which resettled a judgment of said court in favor of plaintiffs, upon the granting of their motion for summary judgment. Order reversed, without costs; original judgment vacated; plaintiffs’ motion for summary judgment denied; and defendant’s motion for resettlement dismissed as academic. In our opinion, there are issues of fact in this case, arising out of the construction of the contract here involved, and therefore the granting of summary judgment is precluded. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 911, 347 N.Y.S.2d 565, 1973 N.Y. App. Div. LEXIS 3547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russgood-construction-co-v-city-of-new-york-nyappdiv-1973.