Estate of Silverman v. Manufacturers Hanover Trust Co.

Appellate Terms of the Supreme Court of New York

Estate of Silverman v. Manufacturers Hanover Trust Co.

43 Misc. 2d 675, 252 N.Y.S.2d 14, 1964 N.Y. Misc. LEXIS 1699

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 3, 1964

StatusPublished

Cited by5 cases

This text of 43 Misc. 2d 675 (Estate of Silverman v. Manufacturers Hanover Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Silverman v. Manufacturers Hanover Trust Co., 43 Misc. 2d 675, 252 N.Y.S.2d 14, 1964 N.Y. Misc. LEXIS 1699 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam.

The remedy of summary judgment in lieu of a complaint, as provided for in CPLB. 3213, is available only in an action “ based upon a judgment or instrument for the payment of money only”. The instant action, to recover moneys alleged to have been paid out improperly by defendant bank upon a check issued by plaintiffs’ decedent, does not come within either of these categories.

The orders should be unanimously modified by providing that the denial of the motions for summary judgment is without prejudice to renewal after joinder of issue upon formal pleadings, and as so modified, affirmed, without costs. Plaintiffs’ time to serve a complaint is extended until 10 days after service of a copy of the order hereon.

Concur — Di Giovaeea, Margett and Schwartzwald, JJ.

Orders modified, etc.

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