Williamson v. Alfiero

Appellate Division of the Supreme Court of New York

Williamson v. Alfiero

74 A.D.2d 846, 425 N.Y.S.2d 527, 1980 N.Y. App. Div. LEXIS 10612

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

DecidedMarch 10, 1980

StatusPublished

This text of 74 A.D.2d 846 (Williamson v. Alfiero) 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

Williamson v. Alfiero, 74 A.D.2d 846, 425 N.Y.S.2d 527, 1980 N.Y. App. Div. LEXIS 10612 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a declaratory judgment action, plaintiffs and defendant Alfiero cross-appeal from so much of an order of the Supreme Court, Nassau County, dated October 5, 1979, as denied plaintiffs’ motion and said defendant’s cross motion for summary judgment. Order affirmed insofar as [847]*847appealed from, without costs or disbursements. We conclude that summary disposition of this case is not warranted because of fact issues relating to the meaning and significance of the letter from the board of managers to the-plaintiffs, the question of scienter, and defendant Alfiero’s reliance on plaintiffs’ alleged misrepresentations. Accordingly, a trial is required. Hopkins, J. P., Lazer, Hargett and Weinstein, JJ., concur.

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In a declaratory judgment action, plaintiffs and defendant Alfiero cross-appeal from so much of an order of the Supreme Court, Nassau County, dated October 5, 1979, as denied plaintiffs’ motion and said defendant’s cross motion for summary judgment. Order affirmed insofar as [847]*847appealed from, without costs or disbursements. We conclude that summary disposition of this case is not warranted because of fact issues relating to the meaning and significance of the letter from the board of managers to the-plaintiffs, the question of scienter, and defendant Alfiero’s reliance on plaintiffs’ alleged misrepresentations. Accordingly, a trial is required. Hopkins, J. P., Lazer, Hargett and Weinstein, JJ., concur.

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Bluebook (online)

74 A.D.2d 846, 425 N.Y.S.2d 527, 1980 N.Y. App. Div. LEXIS 10612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-alfiero-nyappdiv-1980.