Costello v. Simmons

269 A.D. 823, 55 N.Y.S.2d 735
Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1945·Published·Cited by 3 cases

Opinions

Per Curiam.

The record presents issues of fact which cannot be decided on a motion for summary judgment. Determination of the claim of the United States should likewise await the trial of the action.

The order and the judgment appealed from should be reversed, with costs, and the motion denied.

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Costello v. Simmons, 269 A.D. 823, 55 N.Y.S.2d 735 (N.Y. Ct. App. 1945).

269 A.D. 823 (Costello v. Simmons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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