STELLEMA v. VANTAGE PRESS, INC.


155 A.D.2d 295 (1989)

Frank Stellema, on Behalf of Himself and All Others Similarly Situated, Respondent, v. Vantage Press, Inc., et al., Appellants

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

November 14, 1989


We find the record before us insufficient to entitle defendants to judgment as a matter of law. There is some evidence that the services rendered by defendant Vantage were so negligible as to raise issues of fact regarding whether defendant Vantage ever intended to perform. Nor are we persuaded that the various representations were not actionable as a matter of law.

Further, after 12 years of litigation and numerous opportunities to challenge the sufficiency and merit...

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