Tavernier v. Toner
| Decision Date | 16 March 1990 |
| Citation | 555 N.Y.S.2d 638,159 A.D.2d 1011 |
| Parties | Daniel TAVERNIER, Respondent, v. Irving J. TONER, President and Treasurer, Warsaw Television Cable Corp., Iris C. Toner, Vice President and Secretary, Warsaw Television Cable Corp., Irving J. Toner, Iris C. Toner and Warsaw Television Cable Corp., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Michael J. Kelly, Perry, for appellants. Renaldo, Myers, Regan & Palumbo, P.C. by Emmett Creahan, Buffalo, for respondent.
Order unanimously affirmed with costs. Memorandum: There are triable questions of fact precluding summary judgment for defendants on plaintiff's claim for breach of an alleged agreement for joint ownership in the corporation. Similarly, questions of fact preclude summary judgment for defendants on their defenses based on the Statute of Limitations (see, Tavernier v. Toner, 134 A.D.2d 972, 521 N.Y.S.2d 356 [], laches, abandonment, and lack or failure of consideration. Finally, defendants failed to establish their entitlement to summary judgment either dismissing the action as against the corporation, or dismissing the action against all defendants based on the Statute of Frauds (see, General Obligations Law § 5-701[a][1]; North Shore Bottling Co. v. C. Schmidt & Sons, 22 N.Y.2d 171, 175-176, 292 N.Y.S.2d 86, 239 N.E.2d 189). (Appeal from Order of Supreme Court, Erie County, Joslin, J.--Summary Judgment.)
To continue reading
Request your trial
-
Board of Managers of Dickerson Pond Condominium I v. Jagwani
...questions of fact regarding the plaintiffs' defenses of laches and equitable estoppel preclude summary judgment (see, Tavernier v. Toner, 159 A.D.2d 1011, 555 N.Y.S.2d 638; Solomon R. Guggenheim Found. v. Lubell, 153 A.D.2d 143, 550 N.Y.S.2d 618, affd. 77 N.Y.2d 311, 567 N.Y.S.2d 623, 569 N......