Whalen v. Gerzof

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by denying defendant Gerzofs motion for summary judgment and, as so modified, affirmed; costs should be awarded to plaintiff Whalen against defendant Gerzof on the modification and to the other defendants against plaintiff Whalen on the affirmance.

The Appellate Division memorandum recites the salient facts and correctly resolves this commercial dispute between plaintiff Whalen and all the defendants except Gerzof. Thus, we affirm as to the other defendants for the reasons stated by that court (154 AD2d 843).

H…