Empire National Bank v. Gendell

Appellate Division of the Supreme Court of New York

Empire National Bank v. Gendell

46 A.D.2d 672, 360 N.Y.S.2d 1003, 1974 N.Y. App. Div. LEXIS 3905

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

DecidedOctober 21, 1974

StatusPublished

This text of 46 A.D.2d 672 (Empire National Bank v. Gendell) 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

Empire National Bank v. Gendell, 46 A.D.2d 672, 360 N.Y.S.2d 1003, 1974 N.Y. App. Div. LEXIS 3905 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to recover upon a promissory note, defendant appeals, as limited by her notice of appeal, from so much of an order of the Supreme Court, Orange County, entered February 7, 1974, as, after denying plaintiff’s motion for summary judgment, struck out defendant’s first affirmative defense. Order reversed insofar as appealed from, with $20 costs and disbursements. As a matter of pleading the first defense is sufficient (Uniform Commercial Code, § 3-305, subd. [2], par. [b] ; Pioneer Credit Gorp. v. Bon Bon Glemers Gorp.,. 38 A D 2d 743; First Nat. Bank of Odessa v. Fazzari, 10 N Y 2d 394). Latham, Acting P. J., Shapiro, Cohalan, Brennan and Benjamin, JJ., concur.

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In an action to recover upon a promissory note, defendant appeals, as limited by her notice of appeal, from so much of an order of the Supreme Court, Orange County, entered February 7, 1974, as, after denying plaintiff’s motion for summary judgment, struck out defendant’s first affirmative defense. Order reversed insofar as appealed from, with $20 costs and disbursements. As a matter of pleading the first defense is sufficient (Uniform Commercial Code, § 3-305, subd. [2], par. [b] ; Pioneer Credit Gorp. v. Bon Bon Glemers Gorp.,. 38 A D 2d 743; First Nat. Bank of Odessa v. Fazzari, 10 N Y 2d 394). Latham, Acting P. J., Shapiro, Cohalan, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 672, 360 N.Y.S.2d 1003, 1974 N.Y. App. Div. LEXIS 3905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-national-bank-v-gendell-nyappdiv-1974.