BERG v. REPAP ENTERPRISES, INC.


283 A.D.2d 341 (2001)

724 N.Y.S.2d 857

F. STEVEN BERG, Appellant-Respondent, v. REPAP ENTERPRISES, INC., Respondent-Appellant.

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

Decided May 29, 2001.


Summary judgment in favor of either party is precluded by issues of fact, including whether defendant's approval of the subject contract was fraudulently induced by plaintiff's misrepresentations that the contract was prepared by counsel he had retained on behalf of defendant's Board rather than himself, and reviewed by a compensation expert who was independent of such counsel. At the least, there should be disclosure from such counsel (CPLR 3212 [f]). We have considered...

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