Atlantic Richfield Co. v. Coupon Publishing Corp.

Appellate Division of the Supreme Court of New York

Atlantic Richfield Co. v. Coupon Publishing Corp.

53 A.D.2d 574, 385 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13204

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

DecidedJune 22, 1976

StatusPublished

This text of 53 A.D.2d 574 (Atlantic Richfield Co. v. Coupon Publishing Corp.) 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

Atlantic Richfield Co. v. Coupon Publishing Corp., 53 A.D.2d 574, 385 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13204 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered January 23, 1976, denying plaintiff’s motion for summary judgment, pursuant to CPLR 3213, unanimously reversed, on the law, with $60 costs and disbursements to appellant, and the motion granted. On the record before us, defendants’ belated effort to characterize the additional $90,000 advanced by plaintiff as a nonrefundable investment rather than a loan, is insufficient to overcome the overwhelming documentary evidence to the contrary. Accordingly, since no genuine triable issues were raised, summary judgment should have been granted. (Cf. Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 NY2d 225.) Settle order on notice. Concur— Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered January 23, 1976, denying plaintiff’s motion for summary judgment, pursuant to CPLR 3213, unanimously reversed, on the law, with $60 costs and disbursements to appellant, and the motion granted. On the record before us, defendants’ belated effort to characterize the additional $90,000 advanced by plaintiff as a nonrefundable investment rather than a loan, is insufficient to overcome the overwhelming documentary evidence to the contrary. Accordingly, since no genuine triable issues were raised, summary judgment should have been granted. (Cf. Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 NY2d 225.) Settle order on notice. Concur— Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 574, 385 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-richfield-co-v-coupon-publishing-corp-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack