Smith v. Frank

Appellate Division of the Supreme Court of New York

Smith v. Frank

256 A.D. 1046, 11 N.Y.S.2d 551, 1939 N.Y. App. Div. LEXIS 6008

Procedural entryThis page is a short order in Smith v. Frank. Read the opinion of the Court — 252 A.D. 834 →

Appellate Division of the Supreme Court of the State of New York·Decided March 22, 1939·Published

Opinion

Order affirmed, with ten dollars costs and disbursements, upon the ground that the affidavits present a triable issue as to the amount of damages sustained by the plaintiffs particularly in view of the allegations in the defendant’s affidavits in support of that part of the defendant’s answer embodied in the section entitled “ fifth defense.” All concur. (The order denies plaintiffs’ motion for summary judgment in an action under a lease to recover rental due on property.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Order affirmed, with ten dollars costs and disbursements, upon the ground that the affidavits present a triable issue as to the amount of damages sustained by the plaintiffs particularly in view of the allegations in the defendant’s affidavits in support of that part of the defendant’s answer embodied in the section entitled “ fifth defense.” All concur. (The order denies plaintiffs’ motion for summary judgment in an action under a lease to recover rental due on property.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Smith v. Frank, 256 A.D. 1046, 11 N.Y.S.2d 551, 1939 N.Y. App. Div. LEXIS 6008 (N.Y. Ct. App. 1939).

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