Merli v. Miskel

Appellate Division of the Supreme Court of New York

Merli v. Miskel

9 A.D.2d 919, 195 N.Y.S.2d 610, 1959 N.Y. App. Div. LEXIS 5506

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

DecidedDecember 21, 1959

StatusPublished

This text of 9 A.D.2d 919 (Merli v. Miskel) 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

Merli v. Miskel, 9 A.D.2d 919, 195 N.Y.S.2d 610, 1959 N.Y. App. Div. LEXIS 5506 (N.Y. Ct. App. 1959).

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Opinion

In an action to impress a constructive trust on the proceeds of a joint savings bank account which were withdrawn by the survivor, the appeal is from an order denying appellant’s motion for summary judgment dismissing the complaint (Rules Civ. Prae., rule 113), and granting respondent’s cross motion to strike out, as insufficient, the affirmative defenses invoking the Statute of Erauds (Rules Civ. Prae., rule 109, subd. 6). Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldock, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.

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In an action to impress a constructive trust on the proceeds of a joint savings bank account which were withdrawn by the survivor, the appeal is from an order denying appellant’s motion for summary judgment dismissing the complaint (Rules Civ. Prae., rule 113), and granting respondent’s cross motion to strike out, as insufficient, the affirmative defenses invoking the Statute of Erauds (Rules Civ. Prae., rule 109, subd. 6). Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldock, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.

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Bluebook (online)

9 A.D.2d 919, 195 N.Y.S.2d 610, 1959 N.Y. App. Div. LEXIS 5506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merli-v-miskel-nyappdiv-1959.