Curtin v. Hirshfield

Appellate Division of the Supreme Court of New York

Curtin v. Hirshfield

257 A.D. 964, 14 N.Y.S.2d 143, 1939 N.Y. App. Div. LEXIS 8715

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

DecidedJune 5, 1939

StatusPublished

This text of 257 A.D. 964 (Curtin v. Hirshfield) 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

Curtin v. Hirshfield, 257 A.D. 964, 14 N.Y.S.2d 143, 1939 N.Y. App. Div. LEXIS 8715 (N.Y. Ct. App. 1939).

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Opinion

In an action to recover on an account stated, order granting defendant’s motion to examine plaintiff before trial and denying plaintiff’s motion for summary judgment affirmed, with ten dollars costs and disbursements, the examination to proceed on five days’ notice. The record presents the frail issue of fact of whether the plaintiff agreed that the amount awarded by the city of New York, less an advance thereon made by defendant, would be accepted in full satisfaction of the claim, which issue requires a trial. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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In an action to recover on an account stated, order granting defendant’s motion to examine plaintiff before trial and denying plaintiff’s motion for summary judgment affirmed, with ten dollars costs and disbursements, the examination to proceed on five days’ notice. The record presents the frail issue of fact of whether the plaintiff agreed that the amount awarded by the city of New York, less an advance thereon made by defendant, would be accepted in full satisfaction of the claim, which issue requires a trial. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

257 A.D. 964, 14 N.Y.S.2d 143, 1939 N.Y. App. Div. LEXIS 8715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtin-v-hirshfield-nyappdiv-1939.