County Trust Co. v. Garrison Printing Division, Inc.

Appellate Division of the Supreme Court of New York

County Trust Co. v. Garrison Printing Division, Inc.

39 A.D.2d 704, 332 N.Y.S.2d 404, 1972 N.Y. App. Div. LEXIS 4719

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

DecidedMay 1, 1972

StatusPublished

This text of 39 A.D.2d 704 (County Trust Co. v. Garrison Printing Division, 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

County Trust Co. v. Garrison Printing Division, Inc., 39 A.D.2d 704, 332 N.Y.S.2d 404, 1972 N.Y. App. Div. LEXIS 4719 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action to recover upon two promissory notes [705]*705and two guarantees, plaintiff appeals from an order of the Supreme Court, Westchester County, dated June 22, 1971, which denied its motion for summary judgment in lieu of a complaint (CPLR 3213). Order modified by adding thereto a provision directing that plaintiff shall serve a formal complaint and defendants shall serve a formal answer. As so modified, order affirmed, with $10 costs and disbursements to defendants. The complaint shall be served within 20 days after service of a copy of the order to be made hereon, with notice of entry. In our opinion the issues in this ease ought to be framed prior to trial by formal pleadings (CPLR 3213). Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to recover upon two promissory notes [705]*705and two guarantees, plaintiff appeals from an order of the Supreme Court, Westchester County, dated June 22, 1971, which denied its motion for summary judgment in lieu of a complaint (CPLR 3213). Order modified by adding thereto a provision directing that plaintiff shall serve a formal complaint and defendants shall serve a formal answer. As so modified, order affirmed, with $10 costs and disbursements to defendants. The complaint shall be served within 20 days after service of a copy of the order to be made hereon, with notice of entry. In our opinion the issues in this ease ought to be framed prior to trial by formal pleadings (CPLR 3213). Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 704, 332 N.Y.S.2d 404, 1972 N.Y. App. Div. LEXIS 4719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-trust-co-v-garrison-printing-division-inc-nyappdiv-1972.