Secom International v. A.C.E. Elevator Co.

Full title: SECOM INTERNATIONAL INCORPORATED, Plaintiff-Appellant, v. A.C.E. ELEVATOR…

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

Date published: Nov 23, 1999

266 A.D.2d 111 (N.Y. App. Div. 1999)

698 N.Y.S.2d 478

Opinion

November 23, 1999

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 23, 1999, which denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Ira Daniel Tokayer, for Plaintiff-Appellant.

Carol A. Sigmond, for Defendant-Respondent.

ELLERIN, P.J., ROSENBERGER, TOM, ANDRIAS, BUCKLEY, JJ.

The conflicting inferences that may be drawn from the evidence raise questions of fact precluding summary judgment (see, Morris v. Lenox Hill Hosp., 232 A.D.2d 184, 185,affd, 90 N.Y.2d 953), including, inter alia, whether the equipment was accepted, whether the equipment provided by plaintiff was defective, and whether plaintiff properly met its contractual obligation for installation of the equipment.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.