Home Indemnity Co. v. Habben

Appellate Division of the Supreme Court of New York

Home Indemnity Co. v. Habben

255 A.D. 970, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6082

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

DecidedDecember 23, 1938

StatusPublished

This text of 255 A.D. 970 (Home Indemnity Co. v. Habben) 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

Home Indemnity Co. v. Habben, 255 A.D. 970, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6082 (N.Y. Ct. App. 1938).

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Opinion

Orders and judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Dore and Callahan, JJ., dissent and vote to reverse the order granting partial summary judgment and the judgment entered thereon on the ground that the document relied on is ambiguous and even contradictory on its face and the issues, including the issue of the intention of the parties to the instrument, should not be disposed of without a trial. The order denying the defendant-appellant the right to file an amended answer is also reversed.

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Orders and judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Dore and Callahan, JJ., dissent and vote to reverse the order granting partial summary judgment and the judgment entered thereon on the ground that the document relied on is ambiguous and even contradictory on its face and the issues, including the issue of the intention of the parties to the instrument, should not be disposed of without a trial. The order denying the defendant-appellant the right to file an amended answer is also reversed.

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Bluebook (online)

255 A.D. 970, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-indemnity-co-v-habben-nyappdiv-1938.