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GENTON v. ARPEGGIO REST., INC.

232 A.D.2d 274 (1996)

648 N.Y.S.2d 552

Robbie Genton et al., Appellants, v. Arpeggio Restaurant, Inc., et al., Respondents. Krishnan S. Chittur, Appellant; Richard C. Bell, Respondent

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

October 22, 1996

The motion court erred in summarily determining that respondent Bell was discharged without cause as plaintiffs' counsel, effectively dismissing plaintiffs' plausible allegations to the contrary. On the record before us, a determination as a matter of law was improper, since the issues raised by the parties' conflicting affidavits turn on the relative credibility of their assertions. Moreover, the credibility issue aside, plaintiffs...

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