Bohlken v. Title Guarantee & Trust Co.
This text of 248 A.D. 722 (Bohlken v. Title Guarantee & Trust Co.) 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
Judgment and order granting plaintiff’s motion for summary judgment unanimously reversed and said motion denied, upon the sole ground that, under rule 113 of the Rules of Civil Practice, a motion for summary judgment will not lie in this type of action. Order denying defendant’s motion for summary judgment on its counterclaim affirmed for the same reason. No costs to either party on this appeal. We believe a preference should be granted for the trial of this action for the opening day of the October term. Present — Martin, P. J., McAvoy, Glennon, Untermyer and Cohn, JJ. [158 Misc. 512.]
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248 A.D. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bohlken-v-title-guarantee-trust-co-nyappdiv-1936.