Fasig-Tipton Co. v. Jaffe

In an action, inter alia, to recover (1) moneys due and owing from the auction sale of horses and (2) the expenses incurred upon the resale of said horses, defendants appeal from so much of an order of the Supreme Court, Nassau County (Wager, J.), entered December 2, 1980, as granted summary judgment in favor of plaintiff on the first cause of action, in the principal sum *836of $50,677.82. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and plaintiff’s motion for summary judgment as to the first cause of action is denied. Triable issues of fact exist as to…