South Fourth Street Properties v. Muschel

Full title: SOUTH FOURTH STREET PROPERTIES, INC., Appellant, v. WILLIAM MUSCHEL…

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

Date published: Dec 28, 1998

256 A.D.2d 569 (N.Y. App. Div. 1998)

682 N.Y.S.2d 882

Opinion

December 28, 1998

Appeal from the Supreme Court, Kings County (Dowd, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiffs motion for summary judgment, inasmuch as the defendant raised a triable issue of fact as to whether the parties abandoned the contract in question ( see, Matter of Rothko, 43 N.Y.2d 305, 324; Savitsky v. Sukenik, 240 A.D.2d 557, 559). In light of our determination, we need not consider the plaintiffs remaining contentions.

Copertino, J. P., Joy, Krausman and Goldstein, JJ., concur.