Baylis v. Baylis
This text of 272 A.D.2d 824 (Baylis v. Baylis) 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.
Opinion
In an action to recover installments alleged to be due under a separation agreement, order granting plaintiff’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice, insofar as appealed from, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. Defendant’s affidavit sets forth facts sufficient to warrant a trial of the issues. (Cf. Curry v. Mackenzie, 239 N. Y. 267; Suslenshy v. Metropolitan Life Ins. Co., 180 Misc. 624, and cases cited, p. 626.) Carswell, Acting P. J., Johnston, Adel, Nolan and Sneed, JJ., concur.
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272 A.D.2d 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baylis-v-baylis-nyappdiv-1947.