OSUCHOWSKI v. GALLINGER REAL ESTATE


273 A.D.2d 892 (2000)

711 N.Y.S.2d 369

WILLIAM A. OSUCHOWSKI, Respondent, v. GALLINGER REAL ESTATE, Appellant.

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

Decided June 16, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking damages arising from his purchase of real estate at an auction conducted by defendant. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. A triable issue of fact at least arguably exists whether defendant was negligent in conducting the auction and whether its agent made negligent...

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