Tammac Corp. v. Seaboard Homes, Inc.

Appellate Division of the Supreme Court of New York

Tammac Corp. v. Seaboard Homes, Inc.

239 A.D.2d 921, 661 N.Y.S.2d 803, 1997 N.Y. App. Div. LEXIS 6284

Appellate Division of the Supreme Court of the State of New York·Decided May 30, 1997·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant Leon Martin for summary judgment dismissing the complaints against him. Although Martin met his initial burden on the motion, plaintiffs raised questions of fact regarding Martin’s active participation in or potential knowledge of the alleged diversion of trust funds (see, Schwadron v Freund, 69 Misc 2d 342; cf., Fleck v Perla, 40 AD2d 1069; see generally, Canron Corp. v City of New York, 89 NY2d 147). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant Leon Martin for summary judgment dismissing the complaints against him. Although Martin met his initial burden on the motion, plaintiffs raised questions of fact regarding Martin’s active participation in or potential knowledge of the alleged diversion of trust funds (see, Schwadron v Freund, 69 Misc 2d 342; cf., Fleck v Perla, 40 AD2d 1069; see generally, Canron Corp. v City of New York, 89 NY2d 147). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

Tammac Corp. v. Seaboard Homes, Inc., 239 A.D.2d 921, 661 N.Y.S.2d 803, 1997 N.Y. App. Div. LEXIS 6284 (N.Y. Ct. App. 1997).

Pincite

239 A.D.2d 921 (Tammac Corp. v. Seaboard Homes, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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