Corporations

Einziger Bros., Inc., Respondent, v. Angela Marino, Also Known as Angela Merina, and Frank Marino, Jr., Appellants, and Others, Defendants

240 A.D. 727·New York Supreme Court, Appellate Division·1933·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Einziger Bros., Inc., Respondent, v. Angela Marino, Also Known as Angela Merina, and Frank Marino, Jr., Appellants, and Others, Defendants. [MAJORITY] Order granting motion for summary judgment reversed on the law, without costs, and motion denied, without costs. The affidavits disclose (somewhat obscurely) a question of fact as to the status of Kimmerer in his relation to the parties, which in turn may have a bearing upon the knowledge or benefit, actual or presumptive, of the corporation with respect to the alleged bonus, etc. (New York Mortgage Co. v. Garfinkle, 231 App. Div. 327, 329.) The matter should be disposed of on a trial. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur.