STUART v. TOMASINO


148 A.D.2d 370 (1989)

Helena Stuart et al., Respondents, v. Vincent Tomasino et al., Appellants, et al., Defendants Kevin Geiger et al., Respondents, v. Vincent Tomasino et al., Appellants, et al., Defendants

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

March 23, 1989


While the IAS court properly granted summary judgment dismissal of the action alleging conspiracy, fraud and negligence against The Dime, the record reveals the existence of issues of fact sufficient to warrant denial of summary judgment in favor of plaintiffs against the Tomasino defendants.

Both groups of plaintiffs and the Tomasino defendants cross-appeal from an order of the IAS court which, in addition to granting summary judgment dismissal of the complaint against...

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