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NEW JERSEY STEEL ACQUISITION CORP. v. VON ROLL AG.

162 A.D.2d 297 (1990)

New Jersey Steel Acquisition Corporation, Respondent, v. Von Roll Ag. et al., Appellants

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

June 21, 1990

Our review of the record reveals that defendants failed to establish their defense sufficiently to warrant a court directing judgment in their favor as a matter of law. (See, Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966, 967.) Material issues of fact exist concerning whether plaintiff New Jersey Steel Acquisition Corporation had obtained the requisite financial commitments from various lending institutions to allow...

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