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Smolenack v. Hess

274 A.D. 907, 83 N.Y.S.2d 79, 1948 N.Y. App. Div. LEXIS 3988
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 25, 1948
StatusPublished
Cited by7 cases

This text of 274 A.D. 907 (Smolenack v. Hess) 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
Smolenack v. Hess, 274 A.D. 907, 83 N.Y.S.2d 79, 1948 N.Y. App. Div. LEXIS 3988 (N.Y. Ct. App. 1948).

Opinion

In an action to recover the balance due on a promissory note executed and delivered by defendant in part payment for a trailer, plaintiff’s motion for summary judgment was denied. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion for summary judgment granted, with $10 costs. Ho affidavits by affiants having personal knowledge were interposed by defendant. The affidavit of the attorney, having no personal knowledge and reciting hearsay, is of no effect. (Favole v. Gallo, 263 App. Div. 729, affd. 289 N. Y. 696.) Holán, P. J., Cars-well, Johnston, Adel and Sneed, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
274 A.D. 907, 83 N.Y.S.2d 79, 1948 N.Y. App. Div. LEXIS 3988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smolenack-v-hess-nyappdiv-1948.