Aluminio v. Bank of New York

Appellate Division of the Supreme Court of New York

Aluminio v. Bank of New York

190 A.D.2d 635

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

DecidedFebruary 25, 1993

StatusPublished

This text of 190 A.D.2d 635 (Aluminio v. Bank of New York) 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

Aluminio v. Bank of New York, 190 A.D.2d 635 (N.Y. Ct. App. 1993).

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Opinion

— Order, Supreme Court, County of New York (Harold Tompkins, J.), entered March 11, 1992, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment, unanimously affirmed, with costs.

Defendants are not entitled to summary judgment if the record leaves " ’any doubt’ ” as to the nonexistence of the assignment on which the action is based (Henderson v City of New York, 178 AD2d 129, 130). While the conflicting affidavits of the parties may not raise a doubt, given plaintiff’s failure to produce a copy of the assignment, the document of the National Bank of Greece, defendant bank’s correspondent, mak[636]*636ing apparent reference to the assignment, does. Concur — Sullivan, J. P., Ellerin, Wallach, Ross and Rubin, JJ.

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— Order, Supreme Court, County of New York (Harold Tompkins, J.), entered March 11, 1992, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment, unanimously affirmed, with costs.

Defendants are not entitled to summary judgment if the record leaves " ’any doubt’ ” as to the nonexistence of the assignment on which the action is based (Henderson v City of New York, 178 AD2d 129, 130). While the conflicting affidavits of the parties may not raise a doubt, given plaintiff’s failure to produce a copy of the assignment, the document of the National Bank of Greece, defendant bank’s correspondent, mak[636]*636ing apparent reference to the assignment, does. Concur — Sullivan, J. P., Ellerin, Wallach, Ross and Rubin, JJ.

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190 A.D.2d 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aluminio-v-bank-of-new-york-nyappdiv-1993.

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