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SOUTH FOURTH STREET PROPERTIES, INC. v. MUSCHEL

256 A.D.2d 569 (1998)

682 N.Y.S.2d 882

SOUTH FOURTH STREET PROPERTIES, INC., Appellant, v. WILLIAM MUSCHEL, Respondent.

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

Decided December 28, 1998.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment, inasmuch as the defendant raised a triable issue of fact as to whether the parties abandoned the contract in question (see, Matter of Rothko, 43 N.Y.2d 305, 324; Savitsky v Sukenik, 240 A.D.2d 557, 559). In light of our determination...

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