Benlee Sporting Goods Mfg. Co. v. Goldhirsch

There are triable issues relating to the alleged identity of the partnership and the corporation. This may be a case where the corporation should be assimilated to the partnership, and stand in its shoes as tenant. The facts and legal incidents cannot be determined on the papers before us on the motion for summary judgment. Settle order on notice. Present — Peck, P. J., Callahan, Van Voorhis, Shientag and Bergan, JJ. [See post, p. 906.]