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

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1974·Published

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.

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).

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46 A.D.2d 672 (Empire National Bank v. Gendell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.