Zalayet v. Stereo Broadcasters, Inc.

Appellate Division of the Supreme Court of New York

Zalayet v. Stereo Broadcasters, Inc.

41 A.D.2d 851, 342 N.Y.S.2d 829, 1973 N.Y. App. Div. LEXIS 4660

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

DecidedApril 23, 1973

StatusPublished

This text of 41 A.D.2d 851 (Zalayet v. Stereo Broadcasters, Inc.) 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

Zalayet v. Stereo Broadcasters, Inc., 41 A.D.2d 851, 342 N.Y.S.2d 829, 1973 N.Y. App. Div. LEXIS 4660 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action based upon instruments for the payment of money, instituted by a motion for summary judgment in lieu of a complaint, defendants [852]*852appeal, as limited by their brief, from so much of a judgment of Supreme Court, Nassau County, entered April 26, 1972, as is in favor of plaintiffs. The appeal brings up for review so much of an order of said court, dated April 24, 1972, upon which order the judgment was entered, as granted the motion against the corporate defendant on the first cause of action and against both defendants on the second cause of action. Judgment reversed insofar as appealed from and order reversed insofar as it granted the motion in part, on the law, with $20 costs and disbursements; plaintiff’s motion denied in its entirety; action severed so as to continue separately as to all the claims other than that against defendant John Rieger on the first cause of action; and plaintiffs are directed to serve a formal complaint within 20 days after entry of the order to be made hereon. In our opinion, there are triable issues of fact on all the claims in question on this appeal. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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In an action based upon instruments for the payment of money, instituted by a motion for summary judgment in lieu of a complaint, defendants [852]*852appeal, as limited by their brief, from so much of a judgment of Supreme Court, Nassau County, entered April 26, 1972, as is in favor of plaintiffs. The appeal brings up for review so much of an order of said court, dated April 24, 1972, upon which order the judgment was entered, as granted the motion against the corporate defendant on the first cause of action and against both defendants on the second cause of action. Judgment reversed insofar as appealed from and order reversed insofar as it granted the motion in part, on the law, with $20 costs and disbursements; plaintiff’s motion denied in its entirety; action severed so as to continue separately as to all the claims other than that against defendant John Rieger on the first cause of action; and plaintiffs are directed to serve a formal complaint within 20 days after entry of the order to be made hereon. In our opinion, there are triable issues of fact on all the claims in question on this appeal. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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Bluebook (online)

41 A.D.2d 851, 342 N.Y.S.2d 829, 1973 N.Y. App. Div. LEXIS 4660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zalayet-v-stereo-broadcasters-inc-nyappdiv-1973.