Hawkins v. Ringel

Appellate Division of the Supreme Court of New York

Hawkins v. Ringel

19 A.D.2d 649, 242 N.Y.S.2d 616, 1963 N.Y. App. Div. LEXIS 3545

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1963·Published·Cited by 5 cases

Opinion

In an action to recover upon a promissory note, the defendant appeals: (1) from an order of the Supreme Court, Rockland County, entered October 5, 1962, which granted plaintiff’s motion for summary judgment striking out defendant’s answer; and (2) from the judgment, entered October 26, 1962 upon said order, in plaintiff’s favor for $5,347.98. Order reversed, without costs'; motion for summary judgment denied; and judgment vacated. In our opinion, the record presents issues of fact which should be resolved after a plenary trial. Ughetta, Acting P. J., ICleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In an action to recover upon a promissory note, the defendant appeals: (1) from an order of the Supreme Court, Rockland County, entered October 5, 1962, which granted plaintiff’s motion for summary judgment striking out defendant’s answer; and (2) from the judgment, entered October 26, 1962 upon said order, in plaintiff’s favor for $5,347.98. Order reversed, without costs'; motion for summary judgment denied; and judgment vacated. In our opinion, the record presents issues of fact which should be resolved after a plenary trial. Ughetta, Acting P. J., ICleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

Hawkins v. Ringel, 19 A.D.2d 649, 242 N.Y.S.2d 616, 1963 N.Y. App. Div. LEXIS 3545 (N.Y. Ct. App. 1963).

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Opinion

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