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SOUTH STAR, INC. v. AFSHAR

172 A.D.2d 396 (1991)

South Star, Inc., Respondent, v. Nasser G. Afshar, Appellant

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

April 25, 1991

Summary judgment should not be granted where there is any doubt as to the existence of an issue of fact. (Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231.) The affidavit of Powsner, plaintiff's assignor, president and counsel, together with the uncontraverted letter dated October 11, 1988, from the defendant's other attorney raises a triable issue with respect to the terms under which the release, relied upon by the defendant, was...

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