HOME INDEM. CO. v. CIPOLLONE


99 A.D.2d 441 (1984)

Home Indemnity Company, Appellant, v. Joseph Cipollone, Doing Business as Cipico, et al., Defendants, and Cipico Construction Inc., Doing Business as Cipico-Muratore, Respondent

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

January 17, 1984


It appears that defendant Cipico needs documents in the possession of the trustee in bankruptcy of its joint venturer, Anthony Muratore Contracting Co., Inc., in order to defend. Thus, Special Term did not abuse its discretion in denying plaintiff's motion for summary judgment (see Jered Contr. Corp. v New York City Tr. Auth., 22 N.Y.2d 187). We have, however, given plaintiff the option of renewing its motion in four months. This...

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