Gabbe v. Realty Liens Corp.

Appellate Division of the Supreme Court of New York

Gabbe v. Realty Liens Corp.

46 A.D.2d 808, 362 N.Y.S.2d 1017, 1974 N.Y. App. Div. LEXIS 3555

Appellate Division of the Supreme Court of the State of New York·Decided November 25, 1974·Published

Opinion

In an action based upon an instrument for the payment of a sum of money only, defendants appeal from a judgment of the Supreme Court, Nassau County, entered May 13, 1974, which granted plaintiffs’ motion for summary judgment in lieu of a complaint (CPLR 3213). Judgment reversed, without costs, and motion denied. Even though the contentions of defendants are most tenuous, there is sufficient indicated to warrant a trial. Shapiro, Acting P. J., Christ and Munder, JJ., concur; Cohalan and Brennan, JJ., dissent and vote to affirm.

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In an action based upon an instrument for the payment of a sum of money only, defendants appeal from a judgment of the Supreme Court, Nassau County, entered May 13, 1974, which granted plaintiffs’ motion for summary judgment in lieu of a complaint (CPLR 3213). Judgment reversed, without costs, and motion denied. Even though the contentions of defendants are most tenuous, there is sufficient indicated to warrant a trial. Shapiro, Acting P. J., Christ and Munder, JJ., concur; Cohalan and Brennan, JJ., dissent and vote to affirm.

Gabbe v. Realty Liens Corp., 46 A.D.2d 808, 362 N.Y.S.2d 1017, 1974 N.Y. App. Div. LEXIS 3555 (N.Y. Ct. App. 1974).

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46 A.D.2d 808 (Gabbe v. Realty Liens Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.