Andrews v. Chamberlain

Appellate Division of the Supreme Court of New York

Andrews v. Chamberlain

281 A.D. 830, 119 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 3463

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

DecidedFebruary 25, 1953

StatusPublished

This text of 281 A.D. 830 (Andrews v. Chamberlain) 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

Andrews v. Chamberlain, 281 A.D. 830, 119 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 3463 (N.Y. Ct. App. 1953).

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Opinion

Although it well may be that the documentary evidence adduced by appellants upon their motion for partial summary judgment, dismissing portions of the amended complaint, might not be subject to impeachment insofar as it purported to discharge them from liability, nevertheless, in view of the imminence of the trial, we think that the question of the impeachment of these documents respecting appellants, as well as respecting defendant Evans, should await determination upon the taking of testimony on the trial. Judgment and order, so far as appealed from, unanimously affirmed, with costs. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Bergan, JJ.

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Although it well may be that the documentary evidence adduced by appellants upon their motion for partial summary judgment, dismissing portions of the amended complaint, might not be subject to impeachment insofar as it purported to discharge them from liability, nevertheless, in view of the imminence of the trial, we think that the question of the impeachment of these documents respecting appellants, as well as respecting defendant Evans, should await determination upon the taking of testimony on the trial. Judgment and order, so far as appealed from, unanimously affirmed, with costs. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Bergan, JJ.

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Bluebook (online)

281 A.D. 830, 119 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 3463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-chamberlain-nyappdiv-1953.