NAT'L TELECANVASS ASSOCS., LTD. v. SMITH


81 A.D.2d 610 (1981)

National Telecanvass Associates, Ltd., Respondent, v. Stephen Smith et al., Appellants

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

April 13, 1981


Order and judgment reversed, with $50 costs and disbursements, and motion is denied.

The affidavits submitted by defendants in opposition to this motion for summary judgment indicate that there exist triable issues of fact regarding plaintiff's performance under the contract and who, in fact, was the breaching party. Thus, plaintiff's motion should have been denied and a trial held...

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