Kalb v. Chemical Bank New York Trust Co.

Appellate Terms of the Supreme Court of New York

Kalb v. Chemical Bank New York Trust Co.

64 Misc. 2d 824, 316 N.Y.S.2d 381, 1970 N.Y. Misc. LEXIS 1304

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 23, 1970

StatusPublished

Cited by2 cases

This text of 64 Misc. 2d 824 (Kalb v. Chemical Bank New York Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kalb v. Chemical Bank New York Trust Co., 64 Misc. 2d 824, 316 N.Y.S.2d 381, 1970 N.Y. Misc. LEXIS 1304 (N.Y. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

In our opinion, the stipulation was inadequate and the proof insufficient to permit a determintaion of the issues presented, particularly with regard to all relevant facts and circumstances preceding, during and subsequent to plaintiff Mollie Kalb’s execution of the withdrawal slip and the presentation of her passbook and withdrawal slip to defendant bank by a person other than said plaintiff. Moreover, it was error to consider testimony adduced at an examination before trial without afford[825]*825ing defendant an opportunity to object to specific questions, which right had been expressly reserved for the trial.

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to defendant to abide the event.

Present — Schwartz ward, J. P., Rinaldi and Cone, JJ.

Judgment reversed, etc.

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Per Curiam.

In our opinion, the stipulation was inadequate and the proof insufficient to permit a determintaion of the issues presented, particularly with regard to all relevant facts and circumstances preceding, during and subsequent to plaintiff Mollie Kalb’s execution of the withdrawal slip and the presentation of her passbook and withdrawal slip to defendant bank by a person other than said plaintiff. Moreover, it was error to consider testimony adduced at an examination before trial without afford[825]*825ing defendant an opportunity to object to specific questions, which right had been expressly reserved for the trial.

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to defendant to abide the event.

Present — Schwartz ward, J. P., Rinaldi and Cone, JJ.

Judgment reversed, etc.

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Bluebook (online)

64 Misc. 2d 824, 316 N.Y.S.2d 381, 1970 N.Y. Misc. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalb-v-chemical-bank-new-york-trust-co-nyappterm-1970.

Opinion

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