Silverman v. Sterling National Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Silverman v. Sterling National Bank & Trust Co.

246 A.D. 839

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1936·Published

Opinion

Order denying defendant’s motion for summary judgment, pursuant to rule 113 of the Buies of Civil Practice, reversed on the law, with ten dollars costs and disbursements, and defendant’s motion granted, with ten dollars costs. The answer and the documentary evidence annexed thereto raise a defense sufficient as a matter of law to defeat the plaintiff’s proof; and there remains no triable issue of fact. Young, Carswell, Davis, Adel and Taylor, JJ., concur.

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Order denying defendant’s motion for summary judgment, pursuant to rule 113 of the Buies of Civil Practice, reversed on the law, with ten dollars costs and disbursements, and defendant’s motion granted, with ten dollars costs. The answer and the documentary evidence annexed thereto raise a defense sufficient as a matter of law to defeat the plaintiff’s proof; and there remains no triable issue of fact. Young, Carswell, Davis, Adel and Taylor, JJ., concur.

Silverman v. Sterling National Bank & Trust Co., 246 A.D. 839 (N.Y. Ct. App. 1936).

Pincite

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