Shaw v. Franklin Investors Co.

Appellate Division of the Supreme Court of New York

Shaw v. Franklin Investors Co.

54 A.D.2d 977, 388 N.Y.S.2d 668, 1976 N.Y. App. Div. LEXIS 14922

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

DecidedNovember 29, 1976

StatusPublished

This text of 54 A.D.2d 977 (Shaw v. Franklin Investors Co.) 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

Shaw v. Franklin Investors Co., 54 A.D.2d 977, 388 N.Y.S.2d 668, 1976 N.Y. App. Div. LEXIS 14922 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia to enforce an attorney’s lien allegedly obtained in a certain foreclosure action, plaintiff appeals from an order of the Supreme Court, Queens County, entered May 26, 1976, which denied his motion for partial summary judgment as against defendants Franklin Investors Company and YMF Holding Corp. Order affirmed, with one bill of $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs. On this record, wherein the foreclosure action was never consummated, we believe that there are factual issues which can only be determined at a trial and agree with Special Term that summary judgment cannot be granted. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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In an action inter alia to enforce an attorney’s lien allegedly obtained in a certain foreclosure action, plaintiff appeals from an order of the Supreme Court, Queens County, entered May 26, 1976, which denied his motion for partial summary judgment as against defendants Franklin Investors Company and YMF Holding Corp. Order affirmed, with one bill of $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs. On this record, wherein the foreclosure action was never consummated, we believe that there are factual issues which can only be determined at a trial and agree with Special Term that summary judgment cannot be granted. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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Bluebook (online)

54 A.D.2d 977, 388 N.Y.S.2d 668, 1976 N.Y. App. Div. LEXIS 14922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-franklin-investors-co-nyappdiv-1976.