Garcia v. Rodriguez

Appellate Division of the Supreme Court of New York

Garcia v. Rodriguez

255 A.D. 828, 7 N.Y.S.2d 36, 1938 N.Y. App. Div. LEXIS 5459

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

DecidedOctober 7, 1938

StatusPublished

This text of 255 A.D. 828 (Garcia v. Rodriguez) 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

Garcia v. Rodriguez, 255 A.D. 828, 7 N.Y.S.2d 36, 1938 N.Y. App. Div. LEXIS 5459 (N.Y. Ct. App. 1938).

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Opinion

Judgment affirmed, with costs. Memorandum: In view of defendant’s letters acknowledging the debt and promising to pay it and of the flimsy character of the defenses interposed by him, the court correctly found that there was no substantial question of fact to be determined. Under these circumstances, the motion was properly granted. All concur. (The summary judgment is for plaintiff in an action to [829]*829recover money loaned.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: In view of defendant’s letters acknowledging the debt and promising to pay it and of the flimsy character of the defenses interposed by him, the court correctly found that there was no substantial question of fact to be determined. Under these circumstances, the motion was properly granted. All concur. (The summary judgment is for plaintiff in an action to [829]*829recover money loaned.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

255 A.D. 828, 7 N.Y.S.2d 36, 1938 N.Y. App. Div. LEXIS 5459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-rodriguez-nyappdiv-1938.