Greater N.Y. Mut. Ins v. Frank Crystal Co.

Full title: GREATER NEW YORK MUTUAL INSURANCE COMPANY et al., Appellants, v. FRANK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 7, 1996

227 A.D.2d 172 (N.Y. App. Div. 1996)

642 N.Y.S.2d 509

Opinion

May 7, 1996

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Since discovery with respect to crucial factual issues has yet to be completed, and since it cannot be determined at this point in the litigation whether a joint venture existed between defendants Universal Brokerage and Frank Crystal Co., summary judgment was appropriately denied.

Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.