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GALLANT v. KANTERMAN

135 A.D.2d 480 (1987)

Alvin Gallant, Respondent, v. Donald Kanterman et al., Appellants, et al., Defendants

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

December 29, 1987

Faced with conflicting affidavits on the issue of whether the expenses charged by the Kantermans on the corporate credit cards were incurred in the ordinary course of Gallant's business, which conflict cannot be resolved on the present record, a hearing should have been held at which all relevant facts could be explored. (Judiciary Law § 772; CPLR 2218; see, Matter of McDonnell v Frawley, 23 A.D.2d 729, 730; see also...

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