Javix v. Hatcher

Full title: HENRY JAVIX, Appellant-Respondent, v. DELORES HATCHER et al., Respondents…

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

Date published: Dec 13, 1993

199 A.D.2d 308 (N.Y. App. Div. 1993)

606 N.Y.S.2d 1008

Opinion

December 13, 1993

Appeal from the Supreme Court, Kings County (I. Aronin, J.).

Ordered that the plaintiff's purported appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that the respondents, Delores Hatcher and Charles Hatcher, are awarded one bill of costs payable by the appellant-respondent and the respondent-appellant.

We agree with the finding that there are questions of fact which preclude granting summary judgment to the defendant Thomas A. Nero (see, Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966; Andre v Pomeroy, 35 N.Y.2d 361; Troyan v Riverhead Cent. School Dist., 113 A.D.2d 884). Thompson, J.P., Bracken, Balletta and Santucci, JJ., concur.