Toscano v Nappi
2004 NY Slip Op 08205 [12 AD3d 501]
November 15, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2005


Samuel Toscano, Appellant,
v
Richard Nappi et al., Respondents.

[*1]In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated November 19, 2003, as denied his motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment as there is a triable issue of fact, inter alia, as to whether the defendants Richard Nappi and Gerry Nappi can be held personally liable for the transactions at issue. Ritter, J.P., H. Miller, Schmidt, Crane and Skelos, JJ., concur.