CHAUVIN v. KENIRY


249 A.D.2d 745 (1998)

670 N.Y.S.2d 371

Robert J. Chauvin, Respondent, v. William H. Keniry, Individually and as Coexecutor of Patrick J. Keniry, Deceased, et al., Appellants

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

April 16, 1998


Based upon our review of the record as a whole, we are persuaded that Supreme Court properly denied defendants' cross motion for summary judgment on their third affirmative defense. As for plaintiff's request that this Court search the record and award him summary judgment on his breach of contract claim, the record plainly reveals numerous questions of fact regarding the parties' oral partnership agreement and the extent to which, if any, it was modified. Accordingly, we...

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