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X.L.O. CONCRETE v. RIVERGATE

83 N.Y.2d 513 (1994)

634 N.E.2d 158

611 N.Y.S.2d 786

X.L.O. Concrete Corp., Respondent, v. Rivergate Corporation, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1994.

Attorney(s) appearing for the Case

Bragar & Wexler, P. C., New York City (Raymond A. Bragar, Paul D. Wexler and Beth A. Willensky of counsel), for appellant.

Lester Gulitz, Peekskill, for respondent.

G. Oliver Koppell, Attorney-General, New York City (George Sampson, Jerry Boone, Robert Hubbard and Joseph Opper of counsel), pro se, amicus curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge TITONE taking no part.

CIPARICK, J.

The question presented in this action for breach of contract, account stated, and unjust enrichment is whether interposition of an antitrust illegality defense under the Donnelly Act (General Business Law § 340 et seq.) prevents enforcement of the contract between these parties as a matter of law. We conclude that material questions of fact exist which preclude granting summary judgment...

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