Brooks v. Delukey

Appellate Division of the Supreme Court of New York

Brooks v. Delukey

18 A.D.2d 670, 236 N.Y.S.2d 2, 1962 N.Y. App. Div. LEXIS 6475

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

DecidedDecember 10, 1962

StatusPublished

This text of 18 A.D.2d 670 (Brooks v. Delukey) 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

Brooks v. Delukey, 18 A.D.2d 670, 236 N.Y.S.2d 2, 1962 N.Y. App. Div. LEXIS 6475 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action to recover the face amount of a check delivered to plaintiff, an attorney, as escrowee, the defendants, by permission of this court, appeal from so much of an order of the Appellate Term of the Supreme Court, entered June 29, 1961: (1) as reversed an order of the Municipal Court of the City of Hew York, entered May 11, 1960, insofar as it denied without prejudice plaintiff’s motion for summary judgment; (2) as granted such motion for summary judgment; and (3) as directed the entry of judgment accordingly in favor of the plaintiff. Order of the Appellate Term, insofar as appealed from, reversed, with costs; order of the Municipal Court, insofar as it denied plaintiff’s motion for summary judgment without prejudice, reversed; and said motion denied unconditionally. In our opinion, the record presents issues which should be resolved after trial by the trier of the facts. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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In an action to recover the face amount of a check delivered to plaintiff, an attorney, as escrowee, the defendants, by permission of this court, appeal from so much of an order of the Appellate Term of the Supreme Court, entered June 29, 1961: (1) as reversed an order of the Municipal Court of the City of Hew York, entered May 11, 1960, insofar as it denied without prejudice plaintiff’s motion for summary judgment; (2) as granted such motion for summary judgment; and (3) as directed the entry of judgment accordingly in favor of the plaintiff. Order of the Appellate Term, insofar as appealed from, reversed, with costs; order of the Municipal Court, insofar as it denied plaintiff’s motion for summary judgment without prejudice, reversed; and said motion denied unconditionally. In our opinion, the record presents issues which should be resolved after trial by the trier of the facts. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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Bluebook (online)

18 A.D.2d 670, 236 N.Y.S.2d 2, 1962 N.Y. App. Div. LEXIS 6475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-delukey-nyappdiv-1962.