Southern Associates, Inc. v. United Brands Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*201OPINION OF THE COURT
Sullivan, J.
We agree with the dissent that it was error for Special Term to direct a reference of the factual issues posed by Southern’s motion for summary judgment. If it was Special Term’s perception that issues existed, the motion should have been denied forthwith. (Marshall, Bratter, Greene, Allison & Tucker v Mechner, 53 AD2d 537.) But, contrary to the view of the dissenters, we find no issues of fact, and would award summary judgment to plaintiff.
As of January 16, 1978, when this suit was commenced, defendant, a net lessee of an entire building at premises known as…
2Cases cited13 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Marshall, Bratter, Greene, Allison & Tucker v. MechnerAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by17 opinions
- Zoldas v. Louise Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Leasing v. BarlowAppellate Division of the Supreme Court of the State of New York · 1992
- Smith v. AndreAppellate Division of the Supreme Court of the State of New York · 2007
- Robinson v. KamensDistrict Court, S.D. New York · 1987
- Lewis v. RodriguezNew York Supreme Court · 1992
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