Savoy Record Co. v. Cardinal Export Corp.

Appellate Division of the Supreme Court of New York

Savoy Record Co. v. Cardinal Export Corp.

18 A.D.2d 1070, 239 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 3883

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

DecidedApril 23, 1963

StatusPublished

This text of 18 A.D.2d 1070 (Savoy Record Co. v. Cardinal Export Corp.) 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

Savoy Record Co. v. Cardinal Export Corp., 18 A.D.2d 1070, 239 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 3883 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order entered on December 24, 1962, denying a motion by defendant Cardinal Export Corp. to dismiss the complaint as against it, unanimously affirmed, with $20 costs and disbursements to the respondent. The motion was made under rule 106 of the Rules of Civil Practice and since affidavits as to the necessary facts, available only under subdivision 7 of rule 107 were not supplied, the court may not determine the issue tendered on the merits. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Order entered on December 24, 1962, denying a motion by defendant Cardinal Export Corp. to dismiss the complaint as against it, unanimously affirmed, with $20 costs and disbursements to the respondent. The motion was made under rule 106 of the Rules of Civil Practice and since affidavits as to the necessary facts, available only under subdivision 7 of rule 107 were not supplied, the court may not determine the issue tendered on the merits. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

18 A.D.2d 1070, 239 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 3883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savoy-record-co-v-cardinal-export-corp-nyappdiv-1963.