Appellate Division of the Supreme Court of New York, 1992

Klir v. Gordon & Breach, Science Publishers, Inc.

Klir v. Gordon & Breach, Science Publishers, Inc.
Appellate Division of the Supreme Court of New York · Decided June 30, 1992
184 A.D.2d 450
Klir v. Gordon & Breach, Science Publishers, Inc.

Opinion of the Court

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered February 27, 1991, which, insofar as appealed from, denied plaintiff’s motion and counterclaim defendant’s cross-motion for summary judgment dismissing defendant’s counterclaims, unanimously affirmed, with costs.

The January 1973 letter agreement evinces more than a mere casual relationship between the parties, and only discovery and trial can resolve the issue as to the extent of plaintiff’s obligations and actions and of defendant’s control over non-editorial matters. Concur — Murphy, P. J., Sullivan, Carro, Rosenberger and Rubin, JJ.

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