Brenner v. Alroy

Order of the Supreme Court, New York County (Harold Baer, J.), entered on April 12, 1990, which denied plaintiffs motion for partial summary judgment and granted defendant’s cross-motion for summary judgment dismissing the complaint, is unanimously reversed on the law, defendant’s cross-motion denied, plaintiffs motion for partial summary judgment granted, and the matter remanded for an inquest, with costs and disbursements.

Plaintiff Kibbutz Givat Brenner is an Israeli cooperative which entered into an agreement with defendant Daniel Alroy, a New York resident, pursuant to which he was to…