Overmyer v. Eliot Realty
This text of 61 A.D.2d 1027 (Overmyer v. Eliot Realty) 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.
Opinion
In an action, inter alia, to enjoin the enforcement of a judgment, plaintiff appeals from an order of the Supreme Court, Westchester County, entered [1028]*1028November 18, 1975, which, inter alia, directed dismissal of the complaint. Order reversed, on the law, without costs or disbursements, and motions for summary judgment denied. There are issues of fact in this case which require a plenary trial. Shapiro, J. P., Margett and O’Connor, JJ., concur; Cohalan, J., dissents and votes to affirm the order on the opinion of Mr. Justice Marbach at Special Term.
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Cite This Page — Counsel Stack
61 A.D.2d 1027, 403 N.Y.S.2d 1019, 1978 N.Y. App. Div. LEXIS 10679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overmyer-v-eliot-realty-nyappdiv-1978.