Shapiro v. Prudential Theaters

Appellate Terms of the Supreme Court of New York

Shapiro v. Prudential Theaters

75 Misc. 2d 752, 348 N.Y.S.2d 812, 1972 N.Y. Misc. LEXIS 1195

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1972

StatusPublished

Cited by1 cases

This text of 75 Misc. 2d 752 (Shapiro v. Prudential Theaters) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shapiro v. Prudential Theaters, 75 Misc. 2d 752, 348 N.Y.S.2d 812, 1972 N.Y. Misc. LEXIS 1195 (N.Y. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

Plaintiffs seek to recover moneys allegedly owed to them as winners of a contest and defendant has raised the affirmative defense that plaintiffs participated in an illegal transaction. The opposing papers indicate the existence of mixed questions of fact and law which should be resolved at a plenary trial.

Technical defects in plaintiffs’ pleadings, if any, are unavailable to the moving defendant, for it is well settled that upon an application, summary judgment will be denied if the adversary shows facts sufficient to warrant a trial (Curry v. Mackenzie, 239 N. Y. 267).

The order should be affirmed, without costs.

Concur — Hogan, P. J., G-lickman and Pittoni, JJ.

Order affirmed, etc.

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