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Baskerville v. Solomon

30 A.D.2d 965 Court N.Y. App. Div. Decision date 1968-10-14 English

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p. 965
(October 14, 1968)
Mamie E. Baskerville et al., Respondents, v. Howard P. Solomon, Appellant.

Order of the Supreme Court, Richmond County, dated May 14, 1968, which granted plaintiffs’ motion for summary judgment and directed an assessment of damages, reversed, on the law, with $10 costs and disbursements, and motion denied. In our opinion, triable issues of fact are presented which may not be resolved without a plenary trial. Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.