Legal Opinion

Commisso v. Wolf

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 2001Published

1Opinion of the Court

—Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about February 1, 2001, which, in an action to recover monies allegedly misdirected in derogation of an irrevocable directive, denied plaintiff’s motion for summary judgment, unanimously affirmed j with costs.

Plaintiffs motion was properly denied on this record, which raises more questions than it answers (see, Kudlack v Landmark Realty Co., 115 AD2d 842, 844), and leaves substantial room for doubt as to the merits of plaintiffs claim of entitlement to the funds at issue (see, Millerman v Georgia Pac. Corp., 214 AD2d…

2Cases cited3 opinions

  1. Millerman v. Georgia Pacific Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Vasquez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Kudlack v. Landmark Realty Co.Appellate Division of the Supreme Court of the State of New York · 1985

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