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SO. ASSOC. v. UNITED BRANDS

67 A.D.2d 199 (1979)

Southern Associates, Inc., Respondent, v. United Brands Company, Appellant

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

March 27, 1979

Attorney(s) appearing for the Case

Charles G. Moerdler of counsel (Robert P. Stein, Eva L Coben and Gerald A. Greenberger with him on the brief; Stroock & Stroock & Lavan, attorneys), for appellant.

Philip Green for respondent.

BIRNS, J. P., and EVANS, J., concur with SULLIVAN, J.; FEIN and LUPIANO, JJ., dissent in part in separate opinions.

SULLIVAN, J.

We agree with the dissent that it was error for Special Term to direct a reference of the factual issues posed by Southern's motion for summary judgment. If it was Special Term's perception that issues existed, the motion should have been denied forthwith. (Marshall, Bratter, Greene, Allison & Tucker v Mechner, 53 A.D.2d 537.) But, contrary to the view...

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