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EMERALD DEV. CORP. v. REAL EQUITIES, INC.

251 A.D.2d 180 (1998)

675 N.Y.S.2d 857

Emerald Development Corporation et al., Appellants, v. Real Equities, Inc., et al., Respondents, et al., Defendants

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

June 23, 1998

The grant of summary judgment to any of the movants is precluded by triable issues of fact, the most fundamental of which is whether the parties to the subject Joint Venture Agreement (Agreement), plaintiff Emerald and defendant Real Equities, Inc., intended to treat Emerald's affiliates and Emerald as one entity for purposes of their business dealings. Such question is raised by the execution by defendant Berger, guarantor of the...

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