← Cases

Radnitz v. Electric Power & Light Corp.

259 A.D. 867 Court N.Y. App. Div. Decision date 1940-05-10 English

Contents

Majority

p. 867
Fred S. Radnitz, Appellant, v. Electric Power & Light Corporation, Respondent.

The record presents an issue of fact which cannot be determined on a motion for summary judgment concerning the meaning to be attributed to the option warrants. Judgment reversed, without costs, and the order, to the extent that it denies the plaintiff’s motion for summary judgment, affirmed and, to the extent that it grants the defendant’s cross-motion for summary judgment dismissing the complaint, reversed and the cross-motion denied. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Glennon and Dore, JJ., dissent and vote to affirm.