WEINGARTEN v. MARCUS


118 A.D.2d 640 (1986)

Peter L. Weingarten, as Trustee of Merrimack Valley Orthopedic Associates Pension Plan, Appellant, v. Joel Marcus et al., Respondents

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

March 10, 1986


Appeal from the order dated January 30, 1985, dismissed. That order was superseded by the order entered March 6, 1985, made upon reargument.

Order entered March 6, 1985, affirmed insofar as appealed from.

The respondents Marcus and Kadilac Funding Limited are awarded one bill of costs.

We find that the papers submitted in opposition to the plaintiff's motion for summary judgment raised sufficient factual questions to warrant the denial of that motion...

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