Balestrieri v. Povolny

Appellate Division of the Supreme Court of New York

Balestrieri v. Povolny

6 A.D.2d 803, 175 N.Y.S.2d 574, 1958 N.Y. App. Div. LEXIS 5629

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

DecidedJune 9, 1958

StatusPublished

This text of 6 A.D.2d 803 (Balestrieri v. Povolny) 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

Balestrieri v. Povolny, 6 A.D.2d 803, 175 N.Y.S.2d 574, 1958 N.Y. App. Div. LEXIS 5629 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover damages for conversion, the appeal is (1) from so much of an order as granted a. motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon. Order modified by striking from the second ordering paragraph the words “granted, and the [804]*804plaintiff’s complaint be and the same hereby is dismissed on the merits”, and by substituting therefor the word “ denied As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant, and judgment vacated. In our opinion, the record presents triable issues of fact. Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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In an action to recover damages for conversion, the appeal is (1) from so much of an order as granted a. motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon. Order modified by striking from the second ordering paragraph the words “granted, and the [804]*804plaintiff’s complaint be and the same hereby is dismissed on the merits”, and by substituting therefor the word “ denied As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant, and judgment vacated. In our opinion, the record presents triable issues of fact. Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

6 A.D.2d 803, 175 N.Y.S.2d 574, 1958 N.Y. App. Div. LEXIS 5629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balestrieri-v-povolny-nyappdiv-1958.