Cardone v. Cardone
Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered September 5, 1990, as denied his motion for summary judgment.
Ordered that the order is affirmed insofar as appealed from, with costs.
Approximately 10 months before his death, the defendant’s father conveyed a parcel of real property to the defendant. Approximately nine months prior to that, the father had transferred $45,000 to the defendant.
The conflicting affidavits submitted by the parties create genuine issues of fact concerning, but not limited to, the existence, nature, and terms of the purported agreement between the parties (see, Chase v Skoy, 146 AD2d 563). Under such circumstances, the Supreme Court properly denied the plaintiff’s motion for summary judgment (see, Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). Balletta, J. P., Miller, Pizzuto and Santucci, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.