Regiznad Corp. v. Warner Bros. First National South Films, Inc.

Appellate Division of the Supreme Court of New York

Regiznad Corp. v. Warner Bros. First National South Films, Inc.

283 A.D. 705, 127 N.Y.S.2d 575

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

DecidedFebruary 16, 1954

StatusPublished

This text of 283 A.D. 705 (Regiznad Corp. v. Warner Bros. First National South Films, 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.

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Regiznad Corp. v. Warner Bros. First National South Films, Inc., 283 A.D. 705, 127 N.Y.S.2d 575 (N.Y. Ct. App. 1954).

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Opinion

Per Curiam,.

This case should not have been disposed of summarily, but should await plenary trial. An examination of the record clearly demonstrates that there are issues of fact requiring denial of plaintiff’s motion for summary judgment. As we have reached that conclusion, it is unnecessary to pass upon the law issue raised; in any event there must be a trial.

The order appealed from granting plaintiff’s motion for summary judgment and directing judgment in plaintiff’s favor and payment by the city treasurer, should be reversed and plaintiff’s motion denied, with costs to interpleaded defendants-appellants.

Dore, J. P., Breitel, Bastow and Botein, JJ., concur.

Order granting plaintiff’s motion for summary judgment and directing judgment in plaintiff’s favor and payment by the city treasurer, unanimously reversed and plaintiff’s motion denied, with $20 costs and disbursements to the inter-pleaded defendants-appellants.

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Per Curiam,.

This case should not have been disposed of summarily, but should await plenary trial. An examination of the record clearly demonstrates that there are issues of fact requiring denial of plaintiff’s motion for summary judgment. As we have reached that conclusion, it is unnecessary to pass upon the law issue raised; in any event there must be a trial.

The order appealed from granting plaintiff’s motion for summary judgment and directing judgment in plaintiff’s favor and payment by the city treasurer, should be reversed and plaintiff’s motion denied, with costs to interpleaded defendants-appellants.

Dore, J. P., Breitel, Bastow and Botein, JJ., concur.

Order granting plaintiff’s motion for summary judgment and directing judgment in plaintiff’s favor and payment by the city treasurer, unanimously reversed and plaintiff’s motion denied, with $20 costs and disbursements to the inter-pleaded defendants-appellants.

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Bluebook (online)

283 A.D. 705, 127 N.Y.S.2d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regiznad-corp-v-warner-bros-first-national-south-films-inc-nyappdiv-1954.