Lonero v. Kewaunee Scientific Equipment Corp.

In an action to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated February 3, 1978, as, upon granting their motion for reargument of their prior motion for summary judgment, denied their motion, granted judgment in favor of defendant and dismissed the complaint. Order reversed insofar as appealed from, with $50 costs and disbursements, and summary judgment is denied to both parties. The key to summary judgment is issue finding rather than issue determination (see Esteve v Abad, 271 App…