Thomason Industries Corp. v. Gelfand

191 A.D.2d 490, 596 N.Y.S.2d 709, 1993 N.Y. App. Div. LEXIS 2106

Opinion

—In an action to recover damages for breach of contract, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 14, 1990, [491] as denied her motion for summary judgment dismissing the complaint.

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

Where, as here, the papers offered on a motion for summary judgment show that there are triable issues of fact, summary judgment is properly denied (see, Gordon v Pellillo, 184 AD2d 494). Balletta, J. P., Miller, Ritter and Santucci, JJ., concur.

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Thomason Industries Corp. v. Gelfand, 191 A.D.2d 490, 596 N.Y.S.2d 709, 1993 N.Y. App. Div. LEXIS 2106 (N.Y. Ct. App. 1993).

191 A.D.2d 490 (Thomason Industries Corp. v. Gelfand) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gordon v. Pellillo
184 A.D.2d 494 (Appellate Division of the Supreme Court of New York, 1992)