Page v. Payne

Appellate Division of the Supreme Court of New York

Page v. Payne

260 A.D. 860, 23 N.Y.S.2d 552, 1940 N.Y. App. Div. LEXIS 5086

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

DecidedOctober 25, 1940

StatusPublished

This text of 260 A.D. 860 (Page v. Payne) 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

Page v. Payne, 260 A.D. 860, 23 N.Y.S.2d 552, 1940 N.Y. App. Div. LEXIS 5086 (N.Y. Ct. App. 1940).

Pincite

Opinion

The record discloses that the defendant’s counterclaim is sham and that if any cause of action ever existed as pleaded in the counterclaim it has been barred by the Statute of Limitations. The motion for summary judgment dismissing the counterclaim should have been granted. Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and the motion for summary judgment dismissing the counterclaim granted. Present — Martin, P. J., O’Malley, Townley. Dore and Callahan, JJ.

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The record discloses that the defendant’s counterclaim is sham and that if any cause of action ever existed as pleaded in the counterclaim it has been barred by the Statute of Limitations. The motion for summary judgment dismissing the counterclaim should have been granted. Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and the motion for summary judgment dismissing the counterclaim granted. Present — Martin, P. J., O’Malley, Townley. Dore and Callahan, JJ.

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Bluebook (online)

260 A.D. 860, 23 N.Y.S.2d 552, 1940 N.Y. App. Div. LEXIS 5086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-payne-nyappdiv-1940.