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McCutcheon v. Dolgin

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 368 (N.Y. App. Div. 1999)

Opinion

November 15, 1999

Jules A. Epstein, Garden City, N.Y., for appellants.

Agins, Siegel Reiner, LLP, New York, N.Y. (Richard C. Agins pro se, of counsel), for respondents.

FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated February 10, 1999, as amended by an order of the same court, dated June 30, 1999, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants Richard C. Agins and Irwin Siegel.

ORDERED that the order, as amended, is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants Richard C. Agins and Irwin Siegel is denied.

There are material issues of fact as to whether the defendants Richard C. Agins and Irwin Siegel withdrew from the partnership before it entered into a construction contract with the plaintiffs ( see, e.g., Rudnitsky v. Robbins, 191 A.D.2d 488; cf., Palescandolo v. Carini, 259 A.D.2d 742 [2d Dept., Mar. 29, 1999]). Under these circumstances, that branch of the motion which sought summary judgment dismissing the complaint insofar as asserted against Agins and Siegel should have been denied ( see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853).

SANTUCCI, J.P., THOMPSON, SULLIVAN, and FRIEDMANN, JJ., concur.


Summaries of

McCutcheon v. Dolgin

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 368 (N.Y. App. Div. 1999)
Case details for

McCutcheon v. Dolgin

Case Details

Full title:ROY McCUTCHEON, ARCHITECT, P.C., et al., appellants, v. KALMON DOLGIN, et…

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

Date published: Nov 15, 1999

Citations

266 A.D.2d 368 (N.Y. App. Div. 1999)
697 N.Y.S.2d 532

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