Hammond v. Citizens National Bank

Appellate Division of the Supreme Court of New York

Hammond v. Citizens National Bank

257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8382

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

DecidedMay 17, 1939

StatusPublished

This text of 257 A.D. 915 (Hammond v. Citizens National Bank) 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

Hammond v. Citizens National Bank, 257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8382 (N.Y. Ct. App. 1939).

Pincite

Opinion

Orders affirmed, with ten dohars costs and disbursements. Memorandum: The only question here is whether the Statute of Limita^ tions has run against the cause of action aheged in the complaint, and considering the type of action aheged, and judging from the papers before us, we cannot conclusively say that the Statute of Limitations has run. We are not cahed upon to determine whether a cause of action in fact exists. Our decision here will not in any way preclude a motion for summary judgment. Ah concur. (The orders deny defendant’s motion to dismiss the complaint in an action to recover moneys agreed to be paid for the assignment of a lease.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Orders affirmed, with ten dohars costs and disbursements. Memorandum: The only question here is whether the Statute of Limita^ tions has run against the cause of action aheged in the complaint, and considering the type of action aheged, and judging from the papers before us, we cannot conclusively say that the Statute of Limitations has run. We are not cahed upon to determine whether a cause of action in fact exists. Our decision here will not in any way preclude a motion for summary judgment. Ah concur. (The orders deny defendant’s motion to dismiss the complaint in an action to recover moneys agreed to be paid for the assignment of a lease.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-citizens-national-bank-nyappdiv-1939.