Marvel Entertainment Group, Inc. v. Elliott

Order of the Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 7, 1990, which denied the motion by plaintiff and third-party defendants seeking summary judgment on the complaint and dismissal of defendant’s counterclaims and third-party complaint, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of granting plaintiff summary judgment on its replevin action and otherwise dismissing the complaint, and to the extent of dismissing defendant’s counterclaims and third-party complaint without prejudice to the maintenance of an…