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.