Tepper v. Constantinou

Appellate Division of the Supreme Court of New York

Tepper v. Constantinou

73 A.D.2d 556, 422 N.Y.S.2d 1012, 1979 N.Y. App. Div. LEXIS 14328

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

DecidedDecember 18, 1979

StatusPublished

This text of 73 A.D.2d 556 (Tepper v. Constantinou) 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

Tepper v. Constantinou, 73 A.D.2d 556, 422 N.Y.S.2d 1012, 1979 N.Y. App. Div. LEXIS 14328 (N.Y. Ct. App. 1979).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered February 22, 1979, in favor of plaintiff for $29,794, is unanimously reversed, on the law, and order, Supreme Court, New York County, entered January 9, 1979, granting plaintiff’s motion for summary judgment against defendant in the sum of $22,000, with interest and costs, is vacated and the motion denied, with costs on appeal to defendant-appellant. Defendant’s separate appeal from the order entered January 9, 1979, is dismissed, without costs, as subsumed in and reviewed on the appeal from the judgment. There is an issue of fact at least as to whether there has been partial or total payment of the debt by delivery of stock by defendant to plaintiff after the filing of the petition in bankruptcy. Concur — Birns, J. P., Fein, Lane, Markewich and Silverman, JJ.

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Judgment, Supreme Court, New York County, entered February 22, 1979, in favor of plaintiff for $29,794, is unanimously reversed, on the law, and order, Supreme Court, New York County, entered January 9, 1979, granting plaintiff’s motion for summary judgment against defendant in the sum of $22,000, with interest and costs, is vacated and the motion denied, with costs on appeal to defendant-appellant. Defendant’s separate appeal from the order entered January 9, 1979, is dismissed, without costs, as subsumed in and reviewed on the appeal from the judgment. There is an issue of fact at least as to whether there has been partial or total payment of the debt by delivery of stock by defendant to plaintiff after the filing of the petition in bankruptcy. Concur — Birns, J. P., Fein, Lane, Markewich and Silverman, JJ.

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Bluebook (online)

73 A.D.2d 556, 422 N.Y.S.2d 1012, 1979 N.Y. App. Div. LEXIS 14328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tepper-v-constantinou-nyappdiv-1979.