# Brown v. First Alert Ambulette, Inc.

> Appellate Division of the Supreme Court of the State of New York · May 12, 1998 · 250 A.D.2d 400

URL: https://www.frixlaw.com/law-library/cases/6025272

## Case

- **Full name:** Richard Brown v. First Alert Ambulette, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 12, 1998
- **Citations:** 250 A.D.2d 400; 672 N.Y.S.2d 696; 1998 N.Y. App. Div. LEXIS 5388
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6025272

## Opinion text

—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about May 19, 1997, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6025272. Public record. Not legal advice.