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Valerioti v. Brandenburg

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1970
34 A.D.2d 926 (N.Y. App. Div. 1970)

Opinion

June 16, 1970


Order entered on May 29, 1969, granting summary judgment to plaintiff and denying defendant's motion for summary judgment unanimously modified on the law to deny summary judgment to plaintiff, and otherwise affirmed with $50 costs and disbursements to the appellant. The action is against an administratrix upon a check signed by the deceased. The check was issued nearly four years before suit was brought. The defendant denies any knowledge of the circumstances under which the check was issued. Here the facts are peculiarly within the knowledge of the plaintiff and defendant is without information to contest plaintiff's allegations. The plaintiff should be required to establish his claim by testimony subject to cross-examination.

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


Summaries of

Valerioti v. Brandenburg

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1970
34 A.D.2d 926 (N.Y. App. Div. 1970)
Case details for

Valerioti v. Brandenburg

Case Details

Full title:ALBERT R. VALERIOTI, Respondent, v. ESTATE OF MATTHEW H. BRANDENBURG…

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

Date published: Jun 16, 1970

Citations

34 A.D.2d 926 (N.Y. App. Div. 1970)