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MJM ADVERTISING INC. v. PANASONIC INDUSTRIAL COMPANY

7 A.D.3d 316 (2004)

775 N.Y.S.2d 852

MJM ADVERTISING INC., ET AL., Appellants, v. PANASONIC INDUSTRIAL COMPANY, Respondent, ET AL., Defendants.

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

May 11, 2004.

Defendants concede, on constraint of this Court's determination on a prior appeal (2 A.D.3d 252 [2003]), that there are questions of fact precluding a grant of summary judgment dismissing the first cause of action. Accordingly, since the third cause of action is premised on the same facts as the first cause, the grant of summary judgment dismissing it was in error and the cause must be reinstated. Plaintiffs' request for summary judgment...

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