BENLEE SPORTING GOODS MFG. CO., INC. v. GOLDHIRSCH


279 A.D. 863 (1952)

Benlee Sporting Goods Mfg. Co., Inc., Appellant, v. David S. Goldhirsch, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1952.


Judgment and order unanimously reversed, with costs to the appellant, and the motion denied.

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.

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