Cuddy v. Universal Consolidated Industries, Inc.

In this action to recover moneys alleged to be owing as a termination salary, defendant appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, entered May 25, 1971, granting plaintiff’s motion for summary judgment. Order and judgment reversed, on the law, with $20 costs and disbursements, and motion for summary judgment denied. In our opinion, the record establishes that there are issues in this action which should be determined at a trial (cf. Sillman v. Twentieth Century-Fox Film Corp., 3 N Y 2d 395, 404; Millerton Agway Coop. v. Briar-cliff Farms, 17 N Y…