Fitzgerald v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Fitzgerald v. Title Guarantee & Trust Co.

263 A.D. 970, 34 N.Y.S.2d 149

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1942·Published

Opinion

Action for money had and received, based upon the executed rescission of a transaction involving the sale of mortgage certificates by defendant to plaintiffs’ testatrix. Order denying plaintiffs’ motion for a discovery and inspection and granting defendant’s cross-motion for summary judgment under rule 113 of the Rules of Civil Practice, on the ground that the action is barred by the Statute of Limitations (Civ. Prac. Act, § 48, subd. 1), and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present- — Hagarty, Carswell, Johnston, Taylor and Close, JJ.

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Action for money had and received, based upon the executed rescission of a transaction involving the sale of mortgage certificates by defendant to plaintiffs’ testatrix. Order denying plaintiffs’ motion for a discovery and inspection and granting defendant’s cross-motion for summary judgment under rule 113 of the Rules of Civil Practice, on the ground that the action is barred by the Statute of Limitations (Civ. Prac. Act, § 48, subd. 1), and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present- — Hagarty, Carswell, Johnston, Taylor and Close, JJ.

Fitzgerald v. Title Guarantee & Trust Co., 263 A.D. 970, 34 N.Y.S.2d 149 (N.Y. Ct. App. 1942).

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