(DOWNLOAD) "Sackman-Gilliland Corporation v. Senator Holding Corp." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Sackman-Gilliland Corporation v. Senator Holding Corp.
- Author : Supreme Court of New York
- Release Date : January 04, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In the light of the documentary and other evidence adduced at the trial, we are of the opinion that the trial court properly directed a verdict for plaintiff on the first cause of action. Moreover, we note that this court, in its divided determination upon a prior appeal in this case, reversing a summary judgment which had been granted to plaintiff as to the first cause of action (Sackman-Gilliland v. Senator Holding Corp., 40 A.D.2d 998), did not decide that there necessarily would be established an issue of fact at the trial which would have to be determined by a jury. All that this court held was that the papers on the motion for summary judgment indicated that a trial was "[required]" of issues indicated in the motion papers. A denial of a motion for summary judgment is not necessarily res judicata or the law of the case that there is an issue of fact in the case that will be established at the trial (cf. Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404; Frederick v. Douglas Mobile Corp., 22 A.D.2d 972; Aufiero v. New York Life Ins. Co., 74 N. Y. S. 2d 277, 279, affd. 274 App. Div. 928; Pugatch v. Davids Jewelers, 53 Misc. 2d 327, 329).
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