Defendant did not establish his entitlement to judgment as a matter of law "by tender of evidentiary proof in admissible form" either with respect to the contested issue of plaintiff's status (i.e., whether plaintiff was a joint venturer or a commissioned salesman), relevant to the disposition of the complaint, or with respect to the issue of whether plaintiff in fact wrongfully diverted business from defendant, relevant to the disposition of defendant's counterclaim (
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STERN v. FOLGEMAN
248 A.D.2d 237 (1998)
671 N.Y.S.2d 209
Charles Stern, Respondent, v. Jerome A. Folgeman, Doing Business as Ellen Textiles, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 17, 1998
March 17, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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