Nassau Trust Co. v. Rogus Construction Corp. No. 2

Appellate Division of the Supreme Court of New York

Nassau Trust Co. v. Rogus Construction Corp. No. 2

54 A.D.2d 708, 387 N.Y.S.2d 452, 1976 N.Y. App. Div. LEXIS 14292

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

DecidedOctober 12, 1976

StatusPublished

This text of 54 A.D.2d 708 (Nassau Trust Co. v. Rogus Construction Corp. No. 2) 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

Nassau Trust Co. v. Rogus Construction Corp. No. 2, 54 A.D.2d 708, 387 N.Y.S.2d 452, 1976 N.Y. App. Div. LEXIS 14292 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia upon a corporate indebtedness, defendants Vincent G. Berger, Jr., Marie Berger, Walter J. Shruntek and Agnes Shruntek appeal from (1) an order of the Supreme Court, Nassau County, dated February 5, 1976, which (a) granted plaintiff’s motion for summary judgment and (b) denied their cross motion for summary judgment and (2) the judgment of the same court, entered thereon on February 27, 1976. Order modified by deleting the first, second and fourth decretal paragraphs thereof and substituting therefor a provision that plaintiff’s motion for summary judgment is denied. As so modified, order affirmed. Judgment reversed. Appellants are awarded one bill of $50 costs and disbursements to cover both appeals. In recognition of the rule that a party may not act as an escrow agent (see 20 NY Jur, Escrow, § 5), and in light of the fact that the compromise agreement entered into by the plaintiff and the codefendants has not been made a part of the record, we find that there exists an issue of fact which precludes the granting of summary judgment—namely, whether full payment has, in fact, already been made on the debt. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

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

In an action inter alia upon a corporate indebtedness, defendants Vincent G. Berger, Jr., Marie Berger, Walter J. Shruntek and Agnes Shruntek appeal from (1) an order of the Supreme Court, Nassau County, dated February 5, 1976, which (a) granted plaintiff’s motion for summary judgment and (b) denied their cross motion for summary judgment and (2) the judgment of the same court, entered thereon on February 27, 1976. Order modified by deleting the first, second and fourth decretal paragraphs thereof and substituting therefor a provision that plaintiff’s motion for summary judgment is denied. As so modified, order affirmed. Judgment reversed. Appellants are awarded one bill of $50 costs and disbursements to cover both appeals. In recognition of the rule that a party may not act as an escrow agent (see 20 NY Jur, Escrow, § 5), and in light of the fact that the compromise agreement entered into by the plaintiff and the codefendants has not been made a part of the record, we find that there exists an issue of fact which precludes the granting of summary judgment—namely, whether full payment has, in fact, already been made on the debt. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 708, 387 N.Y.S.2d 452, 1976 N.Y. App. Div. LEXIS 14292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nassau-trust-co-v-rogus-construction-corp-no-2-nyappdiv-1976.