Summary
finding that while the defendants' "letter" to the plaintiff's attorney "did not constitute an answer, it was, nevertheless, an appearance and the defendant Kief's pro se attempt to participate in the action"
Summary of this case from Kelsey v. Forster & Garbus, LLPOpinion
April 2, 1990
Appeal from the Supreme Court, Nassau County (Burstein, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there are material issues of fact necessitating a trial for their resolution. Therefore, the Supreme Court properly denied the motion for summary judgment. Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.