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BRAND v. LIPTON

289 A.D.2d 275 (2001)

734 N.Y.S.2d 567

I. LAWRENCE BRAND, Respondent, v. SAUL LIPTON, Defendant, and NORMAN DONNENFELD, Appellant. (Action No. 1.) SAUL LIPTON, Respondent, v. NORMAN DONNENFELD, Appellant. (Action No. 2.)

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

Decided December 10, 2001.

Ordered that the orders are affirmed, without costs or disbursements.

Upon granting leave to the defendant Norman Donnenfeld to amend his answer in Action No. 2 to assert three additional affirmative defenses, the Supreme Court denied his motions for summary judgment dismissing the complaints in both actions. The Supreme Court properly denied summary judgment since the record presents issues of fact which could not be resolved on these motions (see, CPLR 3212...

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