New York Court of Appeals

Bethlehem Steel Corporation, Appellant-Respondent v. Sheldon H. Solow

October 21, 198051 N.Y.2d 870

Summary

The New York Court of Appeals affirmed the modified order, granting summary judgment to Bethlehem Steel on its complaint and dismissing the fourth counterclaim, holding that the Geller admission created a prima facie case and that Solow was not a party to the contract underlying the counterclaim. Justice Fuchsberg, dissenting in part and concurring in part, argued that the plaintiff had not met its burden and that a trial was required.