209 A.D.2d 656 619 N.Y.S.2d 670

Aviation Petroleum, Inc., Appellant, v Independent Oil, Inc., Also Known as Ellimed Energy Group, et al., Respondents.

[619 NYS2d 670]

—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated July 13, 1992, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff’s motion for summary judgment because of the existence of numerous factual issues, including whether the defendant had authority to transfer the funds in question (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Ritter, J. P., Santucci, Friedmann and Goldstein, JJ., concur.

Aviation Petroleum, Inc. v. Independent Oil, Inc.
209 A.D.2d 656 619 N.Y.S.2d 670

Case Details

Name
Aviation Petroleum, Inc. v. Independent Oil, Inc.
Decision Date
Nov 28, 1994
Citations

209 A.D.2d 656

619 N.Y.S.2d 670

Jurisdiction
New York

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