Compagnie Francaise Des Cables Telegraphiques v. 60 Broad Street, Inc.

Appellate Division of the Supreme Court of New York

Compagnie Francaise Des Cables Telegraphiques v. 60 Broad Street, Inc.

233 A.D. 722

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

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 722 (Compagnie Francaise Des Cables Telegraphiques v. 60 Broad Street, 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

Compagnie Francaise Des Cables Telegraphiques v. 60 Broad Street, Inc., 233 A.D. 722 (N.Y. Ct. App. 1931).

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Opinion

Judgment and order reversed, with costs, and motion denied, with ten dollars costs, upon the ground that the answer and opposing affidavits of defendant present a good defense to plaintiff’s cause of action, which cannot be disposed of short of a trial of the action. Plaintiff was not entitled to summary judgment, pursuant to the provisions of rule 113 of the Rules of Civil Practice. Plaintiff’s damages were unliquidated, and plaintiff’s action is not based upon an agreement to pay plaintiff a sum of money. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.

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Judgment and order reversed, with costs, and motion denied, with ten dollars costs, upon the ground that the answer and opposing affidavits of defendant present a good defense to plaintiff’s cause of action, which cannot be disposed of short of a trial of the action. Plaintiff was not entitled to summary judgment, pursuant to the provisions of rule 113 of the Rules of Civil Practice. Plaintiff’s damages were unliquidated, and plaintiff’s action is not based upon an agreement to pay plaintiff a sum of money. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.

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233 A.D. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/compagnie-francaise-des-cables-telegraphiques-v-60-broad-street-inc-nyappdiv-1931.