GARDNER v. FYR-FYTER CO., INC.


47 A.D.2d 591 (1975)

James M. Gardner, Respondent, v. Fyr-Fyter Company, Inc., Appellant, and Stop-Fire, Inc., Respondent. (Appeal No. 1.)

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

January 28, 1975


Order unanimously affirmed, with costs.

Memorandum:

In affirming Special Term's denial of appellant's motion for summary judgment, we note that upon this record there are substantial issues of fact bearing on the question of the proper characterization of the transactions between New York Trap Rock Corporation and appellant's predecessor Fire Equipment Manufacturing Corporation (Fire Equipment). In form the transaction was a purchase of assets by Fire Equipment...

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