Esposito v. Del Gais

Appellate Division of the Supreme Court of New York

Esposito v. Del Gais

12 A.D.2d 492, 206 N.Y.S.2d 982, 1960 N.Y. App. Div. LEXIS 7198

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

DecidedNovember 7, 1960

StatusPublished

This text of 12 A.D.2d 492 (Esposito v. Del Gais) 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

Esposito v. Del Gais, 12 A.D.2d 492, 206 N.Y.S.2d 982, 1960 N.Y. App. Div. LEXIS 7198 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover the agreed and reasonable value of goods sold and delivered, and to recover upon a written guarantee of payment for such goods, the defendant Greenberg, the alleged guarantor, appeals: (1) from so much of an order of the Supreme Court, Richmond County, dated April 6, 1959, as grants the plaintiff’s motion for summary judgment striking out said defendant’s answer, pursuant to rule 113 of the Rules of Civil Practice; and (2) from so mu'eh of a judgment of said court, dated April 8, 1959, entered upon said order, as is against said defendant. Order and judgment insofar as appealed from reversed, with $10 costs and disbursements, and motion denied. The record presents triable issues of fact. Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

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In an action to recover the agreed and reasonable value of goods sold and delivered, and to recover upon a written guarantee of payment for such goods, the defendant Greenberg, the alleged guarantor, appeals: (1) from so much of an order of the Supreme Court, Richmond County, dated April 6, 1959, as grants the plaintiff’s motion for summary judgment striking out said defendant’s answer, pursuant to rule 113 of the Rules of Civil Practice; and (2) from so mu'eh of a judgment of said court, dated April 8, 1959, entered upon said order, as is against said defendant. Order and judgment insofar as appealed from reversed, with $10 costs and disbursements, and motion denied. The record presents triable issues of fact. Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 492, 206 N.Y.S.2d 982, 1960 N.Y. App. Div. LEXIS 7198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esposito-v-del-gais-nyappdiv-1960.