Chiat v. Julius Oehrlein, Inc.

Appellate Division of the Supreme Court of New York

Chiat v. Julius Oehrlein, Inc.

277 A.D.2d 970

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

DecidedOctober 17, 1950

StatusPublished

This text of 277 A.D.2d 970 (Chiat v. Julius Oehrlein, 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

Chiat v. Julius Oehrlein, Inc., 277 A.D.2d 970 (N.Y. Ct. App. 1950).

Pincite

Opinion

Order, insofar as it denies defendant’s motion for partial summary judgment, unanimously affirmed, and in all other respects the order is unanimously reversed and the plaintiff’s motion for partial summary judgment is denied. Unless there was an open and mutual running account, plaintiff’s claim must be limited to the six-year period prior to suit. There is no showing of mutuality in the record. However, such issue of mutuality can best be determined upon a trial. Settle order on notice. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.

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Order, insofar as it denies defendant’s motion for partial summary judgment, unanimously affirmed, and in all other respects the order is unanimously reversed and the plaintiff’s motion for partial summary judgment is denied. Unless there was an open and mutual running account, plaintiff’s claim must be limited to the six-year period prior to suit. There is no showing of mutuality in the record. However, such issue of mutuality can best be determined upon a trial. Settle order on notice. Present — Glennon, J. P., Dore, Cohn, Callahan and Van Voorhis, JJ.

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Bluebook (online)

277 A.D.2d 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chiat-v-julius-oehrlein-inc-nyappdiv-1950.