Lowell Walcutt v. Clevite Corporation, Appellant-Respondent, and Frederick W. Richmond

Summary

The New York Court of Appeals affirmed summary judgment against Clevite and Clevite's cross claim, but reversed the summary judgment in favor of the plaintiffs against Richmond, holding that Richmond's partial failure of consideration defense raises a triable issue. The dissent argued that Richmond's defenses do not raise any factual dispute, while a concurrence agreed with the majority on the need for a trial on the fraud issue.