Esquire Factors Corp. v. Dica Paper Manufacturing Co.

Appellate Division of the Supreme Court of New York

Esquire Factors Corp. v. Dica Paper Manufacturing Co.

9 A.D.2d 596, 189 N.Y.S.2d 386, 1959 N.Y. App. Div. LEXIS 7469

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

DecidedAugust 13, 1959

StatusPublished

This text of 9 A.D.2d 596 (Esquire Factors Corp. v. Dica Paper Manufacturing Co.) 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

Esquire Factors Corp. v. Dica Paper Manufacturing Co., 9 A.D.2d 596, 189 N.Y.S.2d 386, 1959 N.Y. App. Div. LEXIS 7469 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from an order and judgment of a Special Term, Supreme Court, Saratoga County. In this application for deficiency judgment in a foreclosure action defendant-appellant filed an affidavit putting at issue the market value of the property as asserted in the moving affidavit on the application. The court granted the motion on the papers. The issue of fact on market value thus presented could not be determined on affidavits. It required a hearing for its valuation (New York Life Ins. Co'. V. Guttag Corp., 265 N. T. 292; Central Hanover Bank & Trust Co. V. Eisner, 276 N. T. 121). Order reversed, motion denied, and hearing directed, with $10 costs. Bergan, J. P., Coon, Gibson, Herlihy and Reynolds, JJ., concur.

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Appeal from an order and judgment of a Special Term, Supreme Court, Saratoga County. In this application for deficiency judgment in a foreclosure action defendant-appellant filed an affidavit putting at issue the market value of the property as asserted in the moving affidavit on the application. The court granted the motion on the papers. The issue of fact on market value thus presented could not be determined on affidavits. It required a hearing for its valuation (New York Life Ins. Co'. V. Guttag Corp., 265 N. T. 292; Central Hanover Bank & Trust Co. V. Eisner, 276 N. T. 121). Order reversed, motion denied, and hearing directed, with $10 costs. Bergan, J. P., Coon, Gibson, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

9 A.D.2d 596, 189 N.Y.S.2d 386, 1959 N.Y. App. Div. LEXIS 7469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esquire-factors-corp-v-dica-paper-manufacturing-co-nyappdiv-1959.