Frye v. New York Telephone Co.

Full title: LINDA FRYE, APPELLANT, v. NEW YORK TELEPHONE COMPANY, RESPONDENT

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

Date published: Dec 6, 2000

278 A.D.2d 197 (N.Y. App. Div. 2000)

716 N.Y.S.2d 905

Opinion

Argued November 17, 2000.

December 6, 2000.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated August 24, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Goldstein Goldstein, P.C., Brooklyn, N.Y. (Arnold J. Goldstein of counsel), for appellant.

Landman Corsi Ballaine Ford, P.C., New York, N.Y. (Jyoti M. Friedland, Rory Eric Jurman, and Cathleen A. Giannetta of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

Under the circumstances, there are issues of fact as to whether there was an agreement to pay the plaintiff the sum of $50,000 (see, CPLR 3212). Accordingly, the defendant is not entitled to summary judgment.