Allied Discount Co. v. Bonded Auto Sales, Inc.

Appellate Terms of the Supreme Court of New York

Allied Discount Co. v. Bonded Auto Sales, Inc.

17 Misc. 2d 877, 191 N.Y.S.2d 726, 1959 N.Y. Misc. LEXIS 4142

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 12, 1959

StatusPublished

This text of 17 Misc. 2d 877 (Allied Discount Co. v. Bonded Auto Sales, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allied Discount Co. v. Bonded Auto Sales, Inc., 17 Misc. 2d 877, 191 N.Y.S.2d 726, 1959 N.Y. Misc. LEXIS 4142 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The order granting summary judgment and judgment entered thereon should be unanimously reversed upon the law, with $30 costs to defendant, and motion for summary judgment denied, with $10 costs. In its opposing affidavit, defendant, through its president, showed the existence of a valid counterclaim in an amount exceeding plaintiff’s claim. That the counterclaim was not pleaded is of no moment. The affidavit, not the pleading, was controlling on the motion for summary judgment. (Cf. Hellmuth v. Brandin, 3 A D 2d 997; see Shientag, Summary Judgment, pp. 65-66.)

Concur — Pette, Hart and Di Gtovanna, JJ.

Order reversed, etc.

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Per Curiam.

The order granting summary judgment and judgment entered thereon should be unanimously reversed upon the law, with $30 costs to defendant, and motion for summary judgment denied, with $10 costs. In its opposing affidavit, defendant, through its president, showed the existence of a valid counterclaim in an amount exceeding plaintiff’s claim. That the counterclaim was not pleaded is of no moment. The affidavit, not the pleading, was controlling on the motion for summary judgment. (Cf. Hellmuth v. Brandin, 3 A D 2d 997; see Shientag, Summary Judgment, pp. 65-66.)

Concur — Pette, Hart and Di Gtovanna, JJ.

Order reversed, etc.

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Bluebook (online)

17 Misc. 2d 877, 191 N.Y.S.2d 726, 1959 N.Y. Misc. LEXIS 4142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-discount-co-v-bonded-auto-sales-inc-nyappterm-1959.