Longo v. Employers Liability Assurance Corp.

Reynolds, J. P., Staley, Jr., Cooke and Sweeney, JJ., concur; Greenblott, J., dissents and votes to reverse, in the following memorandum: This order and judgment should be reversed and the case remanded for a trial on the merits. The minimal sufficiency of a factual controversy required to defeat the motion for summary judgment has been raised *651by appellants. (See Dinzler v. Lombardo, 25 A D 2d 467.) Appellants contend, inter alia, that the contractor complained on several occasions that the quality of the gravel furnished by respondent did not meet the contract specifications, and threatened…