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Abt v. Lawrence

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 694 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).


In this dispute over the compensations allegedly due to plaintiff for his services in connection with a real estate transaction, the IAS court previously determined that there were issues of fact as to the intent of the parties precluding a grant of plaintiff's original motion for partial summary judgment. This court affirmed ( 154 A.D.2d 958). Renewal of the motion for summary judgment was properly denied. Plaintiff did not present any new material facts (see, Bayridge Air Rights v Blitman Constr. Corp., 160 A.D.2d 589, 590). In any event, plaintiff has at most raised additional issues of fact which warrant a trial (see, James v Nestor, 120 A.D.2d 442, 443). The decision and order of this court entered on November 15, 1990 is recalled and vacated.

Concur — Kupferman, J.P., Carro, Ellerin, Wallach and Smith, JJ.


Summaries of

Abt v. Lawrence

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 694 (N.Y. App. Div. 1991)
Case details for

Abt v. Lawrence

Case Details

Full title:LOUIS F. ABT, JR., Appellant, v. PAUL LAWRENCE et al., Respondents

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 694 (N.Y. App. Div. 1991)