Crompton-Richmond Co. v. Peterson

Order, Supreme Court, New York County, entered on September 8, 1971, granting motion for summary judgment pursuant to CPLR 3213, in favor of plaintiff in the sum of $8,507.35, and the judgment of said court entered thereon on September 16, 1971, unanimously reversed on the law, the judgment vacated, and the motion denied, with costs to abide final disposition; in view of the denial, we «Iso think it advisable, and we so direct, that formal pleadings be served. We predicate our denial of the motion on the ground that the record discloses issues of fact precluding summary judgment. Although the…