Century Construction Corp. v. Friedman

Appellate Division of the Supreme Court of New York

Century Construction Corp. v. Friedman

40 A.D.2d 1033, 338 N.Y.S.2d 1018, 1972 N.Y. App. Div. LEXIS 2947

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

DecidedDecember 29, 1972

StatusPublished

Cited by3 cases

This text of 40 A.D.2d 1033 (Century Construction Corp. v. Friedman) 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

Century Construction Corp. v. Friedman, 40 A.D.2d 1033, 338 N.Y.S.2d 1018, 1972 N.Y. App. Div. LEXIS 2947 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action upon two promissory notes and other instruments for the payment of money, defendants appeal from (1) an order of the Supreme Court, Westchester County, entered February 7, 1972, which granted plaintiff’s motion for summary judgment in lieu of a complaint (CPLR 3213), and (2) a judgment of the same court, entered the same day. Appeal from judgment dismissed, without prejudice to such motion as appellants may be advised to make at Special Term with respect to the judgment. No judgment was included in the record. Order reversed and motion denied. Appellants are awarded one bill of $10 costs and disbursements to cover both appeals. In our opinion a triable issue exists with respect to the meaning of paragraph 7 of the April 8, 1970 agreement entered into between plaintiff and defendant Alac Corp. Therefore, it cannot be determined whether it was intended that defendants would be precluded from raising as a defense to this action the alleged failure of plaintiff to do certain work as set forth in the agreement. Under the circumstances, summary judgment should not have been granted. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action upon two promissory notes and other instruments for the payment of money, defendants appeal from (1) an order of the Supreme Court, Westchester County, entered February 7, 1972, which granted plaintiff’s motion for summary judgment in lieu of a complaint (CPLR 3213), and (2) a judgment of the same court, entered the same day. Appeal from judgment dismissed, without prejudice to such motion as appellants may be advised to make at Special Term with respect to the judgment. No judgment was included in the record. Order reversed and motion denied. Appellants are awarded one bill of $10 costs and disbursements to cover both appeals. In our opinion a triable issue exists with respect to the meaning of paragraph 7 of the April 8, 1970 agreement entered into between plaintiff and defendant Alac Corp. Therefore, it cannot be determined whether it was intended that defendants would be precluded from raising as a defense to this action the alleged failure of plaintiff to do certain work as set forth in the agreement. Under the circumstances, summary judgment should not have been granted. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 1033, 338 N.Y.S.2d 1018, 1972 N.Y. App. Div. LEXIS 2947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-construction-corp-v-friedman-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack