Valerioti v. Estate of Brandenburg

Appellate Division of the Supreme Court of New York

Valerioti v. Estate of Brandenburg

34 A.D.2d 926, 311 N.Y.S.2d 785, 1970 N.Y. App. Div. LEXIS 4466

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

DecidedJune 16, 1970

StatusPublished

This text of 34 A.D.2d 926 (Valerioti v. Estate of Brandenburg) 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

Valerioti v. Estate of Brandenburg, 34 A.D.2d 926, 311 N.Y.S.2d 785, 1970 N.Y. App. Div. LEXIS 4466 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order entered on May 29, 1969, granting summary judgment to plaintiff and denying defendant’s motion for summary judgment unanimously modified on the law to deny summary judgment to plaintiff, and otherwise affirmed with $50 costs and disbursements to the appellant. The action is against an administratrix upon a cheek signed by the deceased. The check was issued nearly four years before suit was brought. The defendant denies any knowledge of the circumstances under which the check was issued. Here the facts are peculiarly within the knowledge of the plaintiff and defendant is without information to contest plaintiff’s allegations. The plaintiff should be required to establish his claim by testimony subject to cross-examination. Concur — Capozzoli, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Order entered on May 29, 1969, granting summary judgment to plaintiff and denying defendant’s motion for summary judgment unanimously modified on the law to deny summary judgment to plaintiff, and otherwise affirmed with $50 costs and disbursements to the appellant. The action is against an administratrix upon a cheek signed by the deceased. The check was issued nearly four years before suit was brought. The defendant denies any knowledge of the circumstances under which the check was issued. Here the facts are peculiarly within the knowledge of the plaintiff and defendant is without information to contest plaintiff’s allegations. The plaintiff should be required to establish his claim by testimony subject to cross-examination. Concur — Capozzoli, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Bluebook (online)

34 A.D.2d 926, 311 N.Y.S.2d 785, 1970 N.Y. App. Div. LEXIS 4466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valerioti-v-estate-of-brandenburg-nyappdiv-1970.