Harvey v. Boehringer Ingelheim Corp.

Opinion

SULLIVAN, J.

The defendants Boehringer Ingelheim Corporation (Boehringer) and W.E. O’Neil Construction Company (O’Neil) appeal from the judgment granting the motion for summary judgment filed by the intervening plaintiff, Peter Gisondi & Company (Gisondi). On appeal, Boehringer and O’Neil claim that the trial court improperly found that no genuine issue of material fact existed as to their three count counterclaim against Gisondi and that Gisondi was entitled to judgment as a matter of law. We reverse the judgment of the trial court.

The following facts are relevant to the disposition of…