New York Court of Appeals

X.L.O. Concrete Corp., Respondent v. Rivergate Corporation, Appellant

March 24, 199483 N.Y.2d 513

Summary

The New York Court of Appeals affirmed the Appellate Division's order reinstating the plaintiff's complaint, holding that the contract was not void as a matter of law despite its alleged connection to an antitrust conspiracy, because material factual issues preclude summary judgment on the antitrust defense.