Las Bicor Corp. v. Mezrahi

Appellate Division of the Supreme Court of New York

Las Bicor Corp. v. Mezrahi

26 A.D.2d 636, 272 N.Y.S.2d 978

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

DecidedJuly 5, 1966

StatusPublished

This text of 26 A.D.2d 636 (Las Bicor Corp. v. Mezrahi) 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

Las Bicor Corp. v. Mezrahi, 26 A.D.2d 636, 272 N.Y.S.2d 978 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover $3,873.97 as the reasonable value and agreed price of certain machinery and machinery parts allegedly sold and delivered by plaintiff to the defendants, in which the defendants interposed a counterclaim to recover $20,000 allegedly deposited by them with plaintiff pursuant to a contract between plaintiff and a certain corporation (not a party to the action), the parties cross appeal from the respective portions of an order of the Supreme Court, Kings Count;', entered May 10, 1965, which on plaintiff’s motion for summary judgment, directed judgment dismissing both the complaint and counterclaim. Order insofar as appealed from by the respective parties, reversed, without costs, and motion denied. In our opinion, questions of fact are presented in the motion papers which preclude the granting of summary judgment to either party on either cause of action. A trial of the entire matter is required. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action to recover $3,873.97 as the reasonable value and agreed price of certain machinery and machinery parts allegedly sold and delivered by plaintiff to the defendants, in which the defendants interposed a counterclaim to recover $20,000 allegedly deposited by them with plaintiff pursuant to a contract between plaintiff and a certain corporation (not a party to the action), the parties cross appeal from the respective portions of an order of the Supreme Court, Kings Count;', entered May 10, 1965, which on plaintiff’s motion for summary judgment, directed judgment dismissing both the complaint and counterclaim. Order insofar as appealed from by the respective parties, reversed, without costs, and motion denied. In our opinion, questions of fact are presented in the motion papers which preclude the granting of summary judgment to either party on either cause of action. A trial of the entire matter is required. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 636, 272 N.Y.S.2d 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/las-bicor-corp-v-mezrahi-nyappdiv-1966.