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

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1938·Published

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.

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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255 A.D. 828 (Garcia v. Rodriguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.