Brown v. First Alert Ambulette, Inc.

Full title: RICHARD BROWN, Appellant, v. FIRST ALERT AMBULETTE, INC., et al.…

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

Date published: May 12, 1998

250 A.D.2d 400 (N.Y. App. Div. 1998)

672 N.Y.S.2d 696

Opinion

May 12, 1998

Appeal from the Supreme Court, Bronx County (George Friedman, J.).

In this action for a declaratory judgment, repayment of a loan, breach of fiduciary duty and fraud, the motion court improperly granted summary judgment. Issues of fact remain precluding summary judgment, including whether the oral agreement between the parties was a preincorporation agreement for a capital contribution or a loan to defendants, and whether defendants fulfilled those obligations.

Concur — Lerner, P. J., Nardelli, Wallach, Williams and Saxe, JJ.