Lipton v. Wagner

Appellate Division of the Supreme Court of New York

Lipton v. Wagner

57 A.D.2d 889, 394 N.Y.S.2d 278, 1977 N.Y. App. Div. LEXIS 12119

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

DecidedMay 16, 1977

StatusPublished

Cited by1 cases

This text of 57 A.D.2d 889 (Lipton v. Wagner) 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

Lipton v. Wagner, 57 A.D.2d 889, 394 N.Y.S.2d 278, 1977 N.Y. App. Div. LEXIS 12119 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action to recover moneys due upon an alleged oral contract, defendant appeals (by permission) from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated June 26, 1975, which affirmed a judgment of the District Court, Nassau County, Second District, Wantaugh, dated June 21, 1974, which, after a nonjury trial, was in favor of plaintiff and against him. Order affirmed, with costs. There is sufficient evidence in the record to sustain a holding that the moneys advanced to defendant-appellant constituted a loan which was to be repaid in one year’s time. To the extent that this evidence was contradicted by the defendant’s testimony, it raised an issue of credibility which was properly decided by the trier of the facts. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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

In an action to recover moneys due upon an alleged oral contract, defendant appeals (by permission) from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated June 26, 1975, which affirmed a judgment of the District Court, Nassau County, Second District, Wantaugh, dated June 21, 1974, which, after a nonjury trial, was in favor of plaintiff and against him. Order affirmed, with costs. There is sufficient evidence in the record to sustain a holding that the moneys advanced to defendant-appellant constituted a loan which was to be repaid in one year’s time. To the extent that this evidence was contradicted by the defendant’s testimony, it raised an issue of credibility which was properly decided by the trier of the facts. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 889, 394 N.Y.S.2d 278, 1977 N.Y. App. Div. LEXIS 12119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipton-v-wagner-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack