Short Line Delivery Corp. v. Acme Carriers, Inc.

Appellate Division of the Supreme Court of New York

Short Line Delivery Corp. v. Acme Carriers, Inc.

32 A.D.2d 930, 303 N.Y.S.2d 345, 1969 N.Y. App. Div. LEXIS 3484

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

DecidedJuly 2, 1969

StatusPublished

This text of 32 A.D.2d 930 (Short Line Delivery Corp. v. Acme Carriers, 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.

Bluebook

Short Line Delivery Corp. v. Acme Carriers, Inc., 32 A.D.2d 930, 303 N.Y.S.2d 345, 1969 N.Y. App. Div. LEXIS 3484 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order of the Appellate Term, -Second Judicial Department, dated April 21, 1967, affirmed, with $10 costs and disbursements. We are of the opinion that issues of fact are present which necessitated the denial of summary judgment beyond the amount granted. Christ, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Martuseello, J., dissents and votes to reverse and to grant summary judgment as sought by plaintiff, with the following memorandum:-I am of the opinion that defendant failed to overcome the documentary evidence presented by plaintiff and thus failed to raise an issue of fact requiring a trial.

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Order of the Appellate Term, -Second Judicial Department, dated April 21, 1967, affirmed, with $10 costs and disbursements. We are of the opinion that issues of fact are present which necessitated the denial of summary judgment beyond the amount granted. Christ, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Martuseello, J., dissents and votes to reverse and to grant summary judgment as sought by plaintiff, with the following memorandum:-I am of the opinion that defendant failed to overcome the documentary evidence presented by plaintiff and thus failed to raise an issue of fact requiring a trial.

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Bluebook (online)

32 A.D.2d 930, 303 N.Y.S.2d 345, 1969 N.Y. App. Div. LEXIS 3484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-line-delivery-corp-v-acme-carriers-inc-nyappdiv-1969.