Salino v. IPT Trucking, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract regarding the termination of a franchise agreement, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), entered March 19, 1992, which granted the motion of the defendant Star Enterprise for summary judgment.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.
It is well settled that in order to grant summary judgment, it must clearly appear that no material issue of fact has been presented. Issue finding rather than issue determination is…
2Cases cited2 opinions
- Museums at Stony Brook v. Village of Patchogue Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1989
- Glenn v. Exxon Co., U.S.A.District Court, D. Delaware · 1992
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- Grassick v. Hicksville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Myers v. KamalianAppellate Division of the Supreme Court of the State of New York · 1996
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