Halsey v. Bank of New York & Trust Co.

Appellate Division of the Supreme Court of New York

Halsey v. Bank of New York & Trust Co.

244 A.D. 701

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

DecidedApril 15, 1935

StatusPublished

This text of 244 A.D. 701 (Halsey v. Bank of New York & Trust Co.) 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

Halsey v. Bank of New York & Trust Co., 244 A.D. 701 (N.Y. Ct. App. 1935).

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Opinion

Per Curiam.

This appeal must be decided upon the record presented and without reference to the decision upon the cross-motion, as the papers upon which such decision was based are not before us. The alleged negligence of the plaintiffs in failing to exercise proper supervision over their employees is without merit. The same is true of the defense of alleged reimbursement of the plaintiffs by the surety company. The release relied upon expressly reserved to the plaintiffs all rights against persons other than the surety. No triable issue is presented.

It follows, therefore, that the order should be reversed, with twenty dollars costs and disbursements, and the motion for summary judgment granted. Present—-Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ. Order reversed, with twenty dollars costs and disbursements, and motion granted.

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Per Curiam.

This appeal must be decided upon the record presented and without reference to the decision upon the cross-motion, as the papers upon which such decision was based are not before us. The alleged negligence of the plaintiffs in failing to exercise proper supervision over their employees is without merit. The same is true of the defense of alleged reimbursement of the plaintiffs by the surety company. The release relied upon expressly reserved to the plaintiffs all rights against persons other than the surety. No triable issue is presented.

It follows, therefore, that the order should be reversed, with twenty dollars costs and disbursements, and the motion for summary judgment granted. Present—-Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ. Order reversed, with twenty dollars costs and disbursements, and motion granted.

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Bluebook (online)

244 A.D. 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halsey-v-bank-of-new-york-trust-co-nyappdiv-1935.