Albertson v. Fidelity & Deposit Co.

Appellate Division of the Supreme Court of New York

Albertson v. Fidelity & Deposit Co.

253 A.D. 801, 2 N.Y.S.2d 625, 1938 N.Y. App. Div. LEXIS 8632

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1938

StatusPublished

This text of 253 A.D. 801 (Albertson v. Fidelity & Deposit Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albertson v. Fidelity & Deposit Co., 253 A.D. 801, 2 N.Y.S.2d 625, 1938 N.Y. App. Div. LEXIS 8632 (N.Y. Ct. App. 1938).

Pincite

Opinion

There is no provision in rules 113 and 114 of the Rules of Civil Practice which will permit the granting of summary judgment in this equity action to determine title of the adverse claimants to the fund in the hands of the defendant Fidelity and Deposit Company of Maryland. Judgment and order unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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There is no provision in rules 113 and 114 of the Rules of Civil Practice which will permit the granting of summary judgment in this equity action to determine title of the adverse claimants to the fund in the hands of the defendant Fidelity and Deposit Company of Maryland. Judgment and order unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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Bluebook (online)

253 A.D. 801, 2 N.Y.S.2d 625, 1938 N.Y. App. Div. LEXIS 8632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albertson-v-fidelity-deposit-co-nyappdiv-1938.