Jernigan v. Pandolfo

Appellate Division of the Supreme Court of New York

Jernigan v. Pandolfo

62 A.D.2d 1011, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11060

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

DecidedApril 10, 1978

StatusPublished

This text of 62 A.D.2d 1011 (Jernigan v. Pandolfo) 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

Jernigan v. Pandolfo, 62 A.D.2d 1011, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11060 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action on a promissory note, commenced pursuant to CPLR 3213, defendant appeals from (1) an order of the Supreme Court, Westchester County, entered November 18, 1977, which granted plaintiff’s motion for summary judgment and (2) the judgment of the same court, dated December 1, 1977, entered thereon. Judgment and order reversed, with one bill of $50 costs and disbursements to cover both appeals, and motion denied. In the light of the conflicting statements by the plaintiff and his son contained in affidavits submitted in support of the motion, the motion should have been denied. Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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In an action on a promissory note, commenced pursuant to CPLR 3213, defendant appeals from (1) an order of the Supreme Court, Westchester County, entered November 18, 1977, which granted plaintiff’s motion for summary judgment and (2) the judgment of the same court, dated December 1, 1977, entered thereon. Judgment and order reversed, with one bill of $50 costs and disbursements to cover both appeals, and motion denied. In the light of the conflicting statements by the plaintiff and his son contained in affidavits submitted in support of the motion, the motion should have been denied. Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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Bluebook (online)

62 A.D.2d 1011, 404 N.Y.S.2d 542, 1978 N.Y. App. Div. LEXIS 11060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jernigan-v-pandolfo-nyappdiv-1978.