Staley Elevator Co. v. Kubacka

Order, Supreme Court, New York County (Walter Schackman, J.), entered March 11, 1992, which, inter alia, denied the cross-*253motion by defendant Varone for summary judgment pursuant to CPLR 3212 dismissing the complaint as against him, unanimously affirmed, with costs.

The IAS Court properly determined that there exists a triable issue of fact as to whether Varone, as co-owner with defendant Joseph Kubacka ("Kubacka”) of the premises in which an elevator was installed by plaintiff Staley Elevator Co., had either authorized the execution by defendant Kubacka of the written contract for the…