Manufacturers Trust Co. v. Nemerov

Appellate Division of the Supreme Court of New York

Manufacturers Trust Co. v. Nemerov

1 A.D.2d 771, 148 N.Y.S.2d 89, 1956 N.Y. App. Div. LEXIS 6474

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

DecidedJanuary 31, 1956

StatusPublished

This text of 1 A.D.2d 771 (Manufacturers Trust Co. v. Nemerov) 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

Manufacturers Trust Co. v. Nemerov, 1 A.D.2d 771, 148 N.Y.S.2d 89, 1956 N.Y. App. Div. LEXIS 6474 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously modified to the extent of granting plaintiff’s motion for summary judgment in all respects and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The loan and the attorney’s [772]*772fee constituted one obligation which defendant assumed to pay. Until that obligation is paid in full, defendant’s responsibility for the entire debt or such part as is unpaid, remains. Therefore, the judgment already entered against another obligor, not having been paid, cannot impair plaintiff’s right to a full judgment. Nor is that right affected by the fact that there is still another suit pending against another and separate obligor. Settle order on notice. Concur—Breitel, Bastow, Botein, Rabin and Bergan, JJ.

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Order unanimously modified to the extent of granting plaintiff’s motion for summary judgment in all respects and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The loan and the attorney’s [772]*772fee constituted one obligation which defendant assumed to pay. Until that obligation is paid in full, defendant’s responsibility for the entire debt or such part as is unpaid, remains. Therefore, the judgment already entered against another obligor, not having been paid, cannot impair plaintiff’s right to a full judgment. Nor is that right affected by the fact that there is still another suit pending against another and separate obligor. Settle order on notice. Concur—Breitel, Bastow, Botein, Rabin and Bergan, JJ.

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Bluebook (online)

1 A.D.2d 771, 148 N.Y.S.2d 89, 1956 N.Y. App. Div. LEXIS 6474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-trust-co-v-nemerov-nyappdiv-1956.