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PRECAST, INC. v. SEABOARD SUR. CO.

161 A.D.2d 622 (1990)

Precast, Inc., Respondent-Appellant, v. Seaboard Surety Co. et al., Appellants-Respondents, et al., Defendant

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

May 14, 1990

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the argument raised by the appellants-respondents, the Supreme Court properly considered the contents of a signed deposition transcript in reaching its determination that the existence of issues of fact precluded an award of partial summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557, 563; cf., Krupp v Aetna Life...

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