In re Baer

Appellate Division of the Supreme Court of New York

In re Baer

5 A.D.2d 973, 173 N.Y.S.2d 238, 1958 N.Y. App. Div. LEXIS 6401

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

DecidedApril 1, 1958

StatusPublished

This text of 5 A.D.2d 973 (In re Baer) 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

In re Baer, 5 A.D.2d 973, 173 N.Y.S.2d 238, 1958 N.Y. App. Div. LEXIS 6401 (N.Y. Ct. App. 1958).

Pincite

Opinion

Triable issues are presented which cannot be determined upon the affidavits and exhibits, but must await trial. Defendant contends that plaintiff failed to provide defendant with satisfactory, usable stirrers, in accordance with the provisions of the purchase order, and failed to assemble the parts, as agreed. The letter of March 14, 1057, which contains the alleged admission of indebtedness upon which plaintiff relies in support of his motion for partial summary judgment, is not conclusive. It purports to answer a letter of March 9, 1957, which letter, however, does not appear in the record. The judgment and order are reversed, with costs, on the facts and law, and the motion of plaintiff denied, with $10 costs. Plaintiff, however, is entitled to obtain as speedy a trial as is feasible, under all the circumstances of this case.

Concur — Botein, P. J., Breitel, Frank, McNally and Bergan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Triable issues are presented which cannot be determined upon the affidavits and exhibits, but must await trial. Defendant contends that plaintiff failed to provide defendant with satisfactory, usable stirrers, in accordance with the provisions of the purchase order, and failed to assemble the parts, as agreed. The letter of March 14, 1057, which contains the alleged admission of indebtedness upon which plaintiff relies in support of his motion for partial summary judgment, is not conclusive. It purports to answer a letter of March 9, 1957, which letter, however, does not appear in the record. The judgment and order are reversed, with costs, on the facts and law, and the motion of plaintiff denied, with $10 costs. Plaintiff, however, is entitled to obtain as speedy a trial as is feasible, under all the circumstances of this case.

Concur — Botein, P. J., Breitel, Frank, McNally and Bergan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 973, 173 N.Y.S.2d 238, 1958 N.Y. App. Div. LEXIS 6401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-baer-nyappdiv-1958.