PINNACLE MANAGING CO., LLC v. SLADE INDUS., INC.

Index No. 653488/18. Appeal No. 579. Case No. 2023-00356.

217 A.D.3d 638 (2023)

2023 NY Slip Op 03558

Pinnacle Managing Co., LLC, Respondent, v. Slade Industries, Inc., Appellant.

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

Decided June 29, 2023.


Attorney(s) appearing for the Case

The Law Offices of Edward Weissman, New York ( Edward Weissman of counsel), for appellant.

Dilworth Paxson, LLP, New York ( Ira N. Glauber of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, González, Higgitt, JJ.


Order, Supreme Court, New York County (Debra A. James, J.), entered on or about December 13, 2022, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant is not entitled to summary judgment dismissing the complaint under the voluntary payment doctrine because the record presents issues of fact as to whether plaintiff rendered payment without full knowledge of the facts (see Dillon v U-A Columbia...

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