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Romano v. Albright

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1981
85 A.D.2d 508 (N.Y. App. Div. 1981)

Opinion

December 1, 1981


Order, Supreme Court, New York County (Bernheim, J.), entered March 2, 1981 granting plaintiff's motion for reargument, and, on reargument, adhering to original decision granting defendants' motion for summary judgment dismissing the complaint, and denying plaintiff's motion for partial summary judgment, is unanimously modified, on the law, to the extent that defendants' motion for summary judgment is denied and all provisions of the original order and judgment entered June 17, 1980, other than the denial of plaintiff's motion for partial summary judgment, are vacated, and the order is otherwise affirmed, without costs, without prejudice to an application by defendants to Special Term for leave to amend their answer. Whether the relationship between the parties was a joint venture not subject to the usury statutes or some kind of usurious loan presents a question of fact which should not have been decided against plaintiff on summary judgment.

Concur — Birns, J.P., Sullivan, Ross, Carro and Silverman, JJ.


Summaries of

Romano v. Albright

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1981
85 A.D.2d 508 (N.Y. App. Div. 1981)
Case details for

Romano v. Albright

Case Details

Full title:ANTHONY ROMANO, Appellant, v. JOHN B. ALBRIGHT et al., Respondents

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

Date published: Dec 1, 1981

Citations

85 A.D.2d 508 (N.Y. App. Div. 1981)