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Staley Elevator Co., Inc. v. Kubacka

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1992
188 A.D.2d 252 (N.Y. App. Div. 1992)

Opinion

December 1, 1992

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The IAS Court properly determined that there exists a triable issue of fact as to whether Varone, as co-owner with defendant Joseph Kubacka ("Kubacka") of the premises in which an elevator was installed by plaintiff Staley Elevator Co., had either authorized the execution by defendant Kubacka of the written contract for the purchase and installation of the elevator on the defendants' jointly owned premises, or ratified that contract.

That defendant Varone averred that he never appointed his co-owner as his agent, is without significance since "self-serving statements of an interested party which refer to matters exclusively within that party's knowledge create an issue of credibility which should not be decided by the court but should be left for the trier of facts" (Sacher v Long Is. Jewish-Hillside Med. Ctr., 142 A.D.2d 567, 568; see also, Ellis v Allstate Ins. Co., 151 A.D.2d 543, 544).

Concur — Murphy, P.J., Sullivan, Rosenberger, Kassal and Rubin, JJ.


Summaries of

Staley Elevator Co., Inc. v. Kubacka

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1992
188 A.D.2d 252 (N.Y. App. Div. 1992)
Case details for

Staley Elevator Co., Inc. v. Kubacka

Case Details

Full title:STALEY ELEVATOR Co., INC., Respondent, v. JOSEPH KUBACKA, Defendant, and…

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

Date published: Dec 1, 1992

Citations

188 A.D.2d 252 (N.Y. App. Div. 1992)
590 N.Y.S.2d 463