Milburn Associates, Inc. v. M. Saraga, Inc.

Appellate Division of the Supreme Court of New York

Milburn Associates, Inc. v. M. Saraga, Inc.

281 A.D. 876, 120 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 3628

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

DecidedMarch 24, 1953

StatusPublished

This text of 281 A.D. 876 (Milburn Associates, Inc. v. M. Saraga, Inc.) 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

Milburn Associates, Inc. v. M. Saraga, Inc., 281 A.D. 876, 120 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 3628 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order reversed, with $20 costs and disbursements to defendant-appellant, and the motion for summary judgment granted. The record discloses the existence of a joint venture and some amount due. The opposing affidavit submitted by the plaintiff fails to establish any triable issue with respect thereto. The defendant is entitled to judgment on his counterclaim for an accounting. Present — Cohn, J. P., Callahan, Van Yoorhis and Breitel, JJ.; Cohn, J., dis[877]*877sents and votes to affirm on the ground that there is no proof in this record that plaintiff is indebted to defendant in any sum. All controversies between the parties arising out of the counterclaim as well as those stemming from the third and fourth causes of action should await determination at the one trial, at which there may be had a full adducement of all the facts. Accordingly, summary judgment upon the counterclaim should not be granted.

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Order reversed, with $20 costs and disbursements to defendant-appellant, and the motion for summary judgment granted. The record discloses the existence of a joint venture and some amount due. The opposing affidavit submitted by the plaintiff fails to establish any triable issue with respect thereto. The defendant is entitled to judgment on his counterclaim for an accounting. Present — Cohn, J. P., Callahan, Van Yoorhis and Breitel, JJ.; Cohn, J., dis[877]*877sents and votes to affirm on the ground that there is no proof in this record that plaintiff is indebted to defendant in any sum. All controversies between the parties arising out of the counterclaim as well as those stemming from the third and fourth causes of action should await determination at the one trial, at which there may be had a full adducement of all the facts. Accordingly, summary judgment upon the counterclaim should not be granted.

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Bluebook (online)

281 A.D. 876, 120 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 3628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milburn-associates-inc-v-m-saraga-inc-nyappdiv-1953.