Smith v. Young

Appellate Division of the Supreme Court of New York

Smith v. Young

273 A.D. 815, 76 N.Y.S.2d 140, 1948 N.Y. App. Div. LEXIS 4769

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

DecidedJanuary 19, 1948

StatusPublished

This text of 273 A.D. 815 (Smith v. Young) 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

Smith v. Young, 273 A.D. 815, 76 N.Y.S.2d 140, 1948 N.Y. App. Div. LEXIS 4769 (N.Y. Ct. App. 1948).

Pincite

Opinion

Order denying plaintiff’s motion for summary judgment and granting defendants’ motion for leave to serve an amended answer, affirmed, with $10 costs and disbursements. The [816]*816decision at Special Term upon the second motion for - an examination before trial established the right of plaintiff’s counsel to continue the action. (Bloch V. Bloch, 131 App. Div. 859, 861.) However, the affidavits present triable issues of fact as to the amount due plaintiff at the commencement of suit, the amount due from plaintiff for rent, and as to possibility of endangering the 'entire trust estate involved in making the payments due to the plaintiff under the terms of the trust. Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See post, p. 868.]

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Order denying plaintiff’s motion for summary judgment and granting defendants’ motion for leave to serve an amended answer, affirmed, with $10 costs and disbursements. The [816]*816decision at Special Term upon the second motion for - an examination before trial established the right of plaintiff’s counsel to continue the action. (Bloch V. Bloch, 131 App. Div. 859, 861.) However, the affidavits present triable issues of fact as to the amount due plaintiff at the commencement of suit, the amount due from plaintiff for rent, and as to possibility of endangering the 'entire trust estate involved in making the payments due to the plaintiff under the terms of the trust. Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See post, p. 868.]

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Bluebook (online)

273 A.D. 815, 76 N.Y.S.2d 140, 1948 N.Y. App. Div. LEXIS 4769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-young-nyappdiv-1948.

Opinion

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