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MITTLEMAN PROPERTIES v. BANK OF CAL.

9211-07802; CA A81598.

886 P.2d 1061 (1994)

131 Or. App. 666

MITTLEMAN PROPERTIES, a general partnership, Appellant, v. The BANK OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association, Respondent, and BCT Partnership, a general partnership, Defendant.

Court of Appeals of Oregon.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Robert D. Bulkley, Jr., Portland, argued the cause for appellant. With him on the briefs were David B. Markowitz, Lisa A. Kaner and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Lori Irish Bauman, Portland, argued the cause for respondent. With her on the brief were Steven K. Blackhurst and Ater Wynne Hewitt Dodson & Skerritt.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Plaintiff brought this action to require defendant The Bank of California National Association to remove asbestos from the building that defendant leases from plaintiff. Plaintiff appeals from a summary judgment.1 ORCP 47. We reverse.

Summary judgment is proper when there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Seeborg v. General Motors Corp...

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