Westchester Trust Co. v. Rosenwasser

Appellate Division of the Supreme Court of New York

Westchester Trust Co. v. Rosenwasser

248 A.D. 895, 291 N.Y.S. 177, 1936 N.Y. App. Div. LEXIS 7984

Appellate Division of the Supreme Court of the State of New York·Decided October 16, 1936·Published

Opinion

In an action to recover on two promissory notes, order, in so far as it denies plaintiff’s motion to strike out the answer of defendant Morris L. Rosenwasser and to grant summary judgment pursuant to rule 113 of the Rules of Civil Practice, as against him, affirmed, with ten dollars costs and disbursements. It was conceded on the argument that the bank was closed on the day it was alleged that the notice was sent. This has a bearing on whether or not it was in fact sent. Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ., concur.

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In an action to recover on two promissory notes, order, in so far as it denies plaintiff’s motion to strike out the answer of defendant Morris L. Rosenwasser and to grant summary judgment pursuant to rule 113 of the Rules of Civil Practice, as against him, affirmed, with ten dollars costs and disbursements. It was conceded on the argument that the bank was closed on the day it was alleged that the notice was sent. This has a bearing on whether or not it was in fact sent. Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ., concur.

Westchester Trust Co. v. Rosenwasser, 248 A.D. 895, 291 N.Y.S. 177, 1936 N.Y. App. Div. LEXIS 7984 (N.Y. Ct. App. 1936).

Pincite

248 A.D. 895 (Westchester Trust Co. v. Rosenwasser) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.