RAUL CLEANERS CORP. v. KIM'S LANDMARK CLEANERS CORP.


210 A.D.2d 144 (1994)

621 N.Y.S.2d 847

Raul Cleaners Corp. et al., Respondents, v. Kim's Landmark Cleaners Corp. et al., Appellants

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

December 20, 1994


Given the conflicting terms of the parties' agreement and the promissory note regarding plaintiffs' remedies in the event of a default as well as the evident questions of fact regarding the alleged subsequent modification of the agreement and its effect on the note, summary judgment should have been denied. Moreover, inasmuch as it also appears from the affidavits in opposition that there exist possible counterclaims relating to the alleged cash payment at the closing and...

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