Black v. Douglaston Golf Practice Range, Inc.

Appellate Division of the Supreme Court of New York

Black v. Douglaston Golf Practice Range, Inc.

49 A.D.2d 744

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

DecidedSeptember 30, 1975

StatusPublished

This text of 49 A.D.2d 744 (Black v. Douglaston Golf Practice Range, Inc.) 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

Black v. Douglaston Golf Practice Range, Inc., 49 A.D.2d 744 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover upon a loan, the appeal is from so much of an order of the Supreme Court, Nassau County, dated October 3, 1974, as, in awarding partial summary judgment, limited the amount of the award. Order affirmed insofar as appealed from, without costs. The nature of the financial transactions involved was not established with sufficient certainty to sustain summary judgment as to the balance of the claim. Gulotta, P. J., Rabin, Martuscello and Latham, JJ., concur; Shapiro, J., dissents and votes to reverse the order insofar as it is appealed from and to grant summary judgment to plaintiff with the following memorandum: I believe that summary judgment should have been granted as to the balance of the claim. The corporation’s own books establish the debt and it was carried forward in the books after the plaintiff was out and the individual defendants were in. These entries were not contradicted in any way.

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In an action to recover upon a loan, the appeal is from so much of an order of the Supreme Court, Nassau County, dated October 3, 1974, as, in awarding partial summary judgment, limited the amount of the award. Order affirmed insofar as appealed from, without costs. The nature of the financial transactions involved was not established with sufficient certainty to sustain summary judgment as to the balance of the claim. Gulotta, P. J., Rabin, Martuscello and Latham, JJ., concur; Shapiro, J., dissents and votes to reverse the order insofar as it is appealed from and to grant summary judgment to plaintiff with the following memorandum: I believe that summary judgment should have been granted as to the balance of the claim. The corporation’s own books establish the debt and it was carried forward in the books after the plaintiff was out and the individual defendants were in. These entries were not contradicted in any way.

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Bluebook (online)

49 A.D.2d 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-douglaston-golf-practice-range-inc-nyappdiv-1975.