Allied Roofers Supply Co. v. Nanuet National Bank

Appellate Division of the Supreme Court of New York

Allied Roofers Supply Co. v. Nanuet National Bank

45 A.D.2d 996, 358 N.Y.S.2d 671, 1974 N.Y. App. Div. LEXIS 4233

Appellate Division of the Supreme Court of the State of New York·Decided July 29, 1974·Published

Opinion

Order of the Supreme Court, Rockland County, dated October 30, 1973, reversed, with $20 costs and disbursements, and motion to dismiss the third-party complaint on the ground, inter alia, that a defense thereto is founded upon documentary evidence (CPLR 3211, subd. [a]), denied. The pleadings and documentary evidence raise questions of fact as to the parties’ intent which may be resolved only on a trial. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Order of the Supreme Court, Rockland County, dated October 30, 1973, reversed, with $20 costs and disbursements, and motion to dismiss the third-party complaint on the ground, inter alia, that a defense thereto is founded upon documentary evidence (CPLR 3211, subd. [a]), denied. The pleadings and documentary evidence raise questions of fact as to the parties’ intent which may be resolved only on a trial. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

Allied Roofers Supply Co. v. Nanuet National Bank, 45 A.D.2d 996, 358 N.Y.S.2d 671, 1974 N.Y. App. Div. LEXIS 4233 (N.Y. Ct. App. 1974).

Pincite

45 A.D.2d 996 (Allied Roofers Supply Co. v. Nanuet National Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.