From Casetext: Smarter Legal Research

Koegel v. Birnbaum

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1967
27 A.D.2d 653 (N.Y. App. Div. 1967)

Opinion

January 24, 1967


Order entered on September 14, 1966, denying plaintiff's motion for summary judgment, made pursuant to CPLR 3213, unanimously reversed, on the law, with $50 costs and disbursements to appellant, and motion granted, with $10 costs. This is an action on a note given by defendants in payment for plaintiff's stock in Douglas Restaurant Corp. Plaintiff fully complied with all the terms and conditions contained in the agreement of sale of his interests in Douglas Restaurant Corp., when he deposited his stock in said corporation, duly indorsed in blank, with the escrowee and executed a general release. No other facts constituting a defense are alleged.

Concur — Steuer, J.P., Capozzoli, Tilzer and McNally, JJ.


Summaries of

Koegel v. Birnbaum

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1967
27 A.D.2d 653 (N.Y. App. Div. 1967)
Case details for

Koegel v. Birnbaum

Case Details

Full title:DAVID I. KOEGEL, Appellant, v. EMANUEL BIRNBAUM et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 24, 1967

Citations

27 A.D.2d 653 (N.Y. App. Div. 1967)

Citing Cases

Banco Portugues v. Fonda Mfg. Corp.

Defendant has failed to establish a genuine triable issue. ( Koegel v. Birnbaum, 27 A.D.2d 653, affd. 19…

Alport Son v. Hotel Evans

The need to establish such a fact does not compel the conclusion that the instrument fails to fall within…