Bankers Commercial Corp. v. American Home Assurance Co.

Appellate Terms of the Supreme Court of New York

Bankers Commercial Corp. v. American Home Assurance Co.

21 Misc. 2d 282, 193 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 2498

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 3, 1959

StatusPublished

Cited by1 cases

This text of 21 Misc. 2d 282 (Bankers Commercial Corp. v. American Home Assurance Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bankers Commercial Corp. v. American Home Assurance Co., 21 Misc. 2d 282, 193 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 2498 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The Civil Practice Act does not provide for the situation where after the denial of a motion for summary judgment additional facts come to plaintiff’s attention or a contention advanced can be defeated by conclusive proof. Undoubtedly the proper practice is to apply to the Judge who made the original decision for leave to reargue or renew. Were this practice available we would so direct. But the Judge so deciding is no longer on the Bench. Under the circumstances as it now appears that there is no defense to the action and a trial would be useless we direct judgment but without approval of the practice adopted.

The order should be reversed, without costs, and motion for summary judgment granted.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Per Curiam.

The Civil Practice Act does not provide for the situation where after the denial of a motion for summary judgment additional facts come to plaintiff’s attention or a contention advanced can be defeated by conclusive proof. Undoubtedly the proper practice is to apply to the Judge who made the original decision for leave to reargue or renew. Were this practice available we would so direct. But the Judge so deciding is no longer on the Bench. Under the circumstances as it now appears that there is no defense to the action and a trial would be useless we direct judgment but without approval of the practice adopted.

The order should be reversed, without costs, and motion for summary judgment granted.

Concur — Steuer, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 282, 193 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 2498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-commercial-corp-v-american-home-assurance-co-nyappterm-1959.

Opinion

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