Rumsey v. Seneca Washed Gravel Corp.

Appellate Division of the Supreme Court of New York

Rumsey v. Seneca Washed Gravel Corp.

269 A.D. 1010, 59 N.Y.S.2d 389, 1945 N.Y. App. Div. LEXIS 5023

Appellate Division of the Supreme Court of the State of New York·Decided November 14, 1945·Published

Opinion

Judgment and order affirmed, with costs, with leave to the plaintiff, however, if so advised, and if the facts warrant it, to apply at the Special Term within twenty days after service of a copy of the order herein for a rehearing upon new or additional affidavits in which may be incorporated evidentiary facts disclosing a triable issue of fact under the pleading. (As to procedure, see Newman v. Special, 257 App. Div. 1030.) All concur. (The judgment dismisses the complaint in an action on promissory notes.) Present — Taylor, P. J., Dowling, McCum, Larkin and Love, JJ.

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Judgment and order affirmed, with costs, with leave to the plaintiff, however, if so advised, and if the facts warrant it, to apply at the Special Term within twenty days after service of a copy of the order herein for a rehearing upon new or additional affidavits in which may be incorporated evidentiary facts disclosing a triable issue of fact under the pleading. (As to procedure, see Newman v. Special, 257 App. Div. 1030.) All concur. (The judgment dismisses the complaint in an action on promissory notes.) Present — Taylor, P. J., Dowling, McCum, Larkin and Love, JJ.

Rumsey v. Seneca Washed Gravel Corp., 269 A.D. 1010, 59 N.Y.S.2d 389, 1945 N.Y. App. Div. LEXIS 5023 (N.Y. Ct. App. 1945).

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Opinion

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