Review Co. v. Lignum Chemical Works

Appellate Division of the Supreme Court of New York

Review Co. v. Lignum Chemical Works

27 A.D.2d 955, 282 N.Y.S.2d 186, 1967 N.Y. App. Div. LEXIS 4384

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

DecidedApril 24, 1967

StatusPublished

This text of 27 A.D.2d 955 (Review Co. v. Lignum Chemical Works) 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

Review Co. v. Lignum Chemical Works, 27 A.D.2d 955, 282 N.Y.S.2d 186, 1967 N.Y. App. Div. LEXIS 4384 (N.Y. Ct. App. 1967).

Pincite

Opinion

'Order of the Supreme Court, Nassau County, dated February 9, 1967, which denied plaintiff’s motion for summary judgment on its second cause of action and to dismiss defendant’s first affirmative defense, reversed, with $10 costs and disbursements, and motion granted, with $10 costs; and second cause of action accordingly severed. In our opinion there are no fact issues as to plaintiff’s second cause of action and plaintiff is entitled to judgment for the relief therein sought, particularly in view of defendant’s repeated tenders of the sum therein claimed. We also believe that the complaint is sufficient on its face; hence, the first defense, which pleads to the contrary, should have been dismissed (CPLR 3211, subd. [b]). Beldoek, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.

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'Order of the Supreme Court, Nassau County, dated February 9, 1967, which denied plaintiff’s motion for summary judgment on its second cause of action and to dismiss defendant’s first affirmative defense, reversed, with $10 costs and disbursements, and motion granted, with $10 costs; and second cause of action accordingly severed. In our opinion there are no fact issues as to plaintiff’s second cause of action and plaintiff is entitled to judgment for the relief therein sought, particularly in view of defendant’s repeated tenders of the sum therein claimed. We also believe that the complaint is sufficient on its face; hence, the first defense, which pleads to the contrary, should have been dismissed (CPLR 3211, subd. [b]). Beldoek, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 955, 282 N.Y.S.2d 186, 1967 N.Y. App. Div. LEXIS 4384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/review-co-v-lignum-chemical-works-nyappdiv-1967.