Richgold Trading Corp. v. Levine

Full title: RICHGOLD TRADING CORP., Respondent, v. JULIUS M. LEVINE, Appellant

Court: Court of Appeals of the State of New York

Date published: Jan 11, 1962

11 N.Y.2d 651 (N.Y. 1962)

225 N.Y.S.2d 218

180 N.E.2d 573

Opinion

Argued November 29, 1961

Decided January 11, 1962

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.

Samuel Gottlieb, Joseph G. Abramson, Walter Feldesman, Alfred S. Schechter and Murray L. Lewis for appellant.

Stanley Goldstein, Herbert Schrank and Sidney Segelstein for respondent.

Judgment reversed, with costs in all courts, and matter remitted to Special Term for further proceedings upon the ground that triable issues of fact are presented by the pleadings and affidavits, and the motion for summary judgment should be denied.

Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge DYE dissent and vote to affirm upon the ground that the opposing affidavits are so incredible that they fail to raise any bona fide issue requiring a trial.