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

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

DecidedOctober 16, 1936

StatusPublished

This text of 248 A.D. 895 (Westchester Trust Co. v. Rosenwasser) 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

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).

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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.

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Bluebook (online)

248 A.D. 895, 291 N.Y.S. 177, 1936 N.Y. App. Div. LEXIS 7984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westchester-trust-co-v-rosenwasser-nyappdiv-1936.