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CALANNI v. RAM MOTORS

Supreme Court, Appellate Term, First Department
Nov 20, 1956
5 Misc. 2d 712 (N.Y. App. Term 1956)

Opinion

November 20, 1956

Appeal from the Municipal Court of the City of New York, Borough of The Bronx (ROBERT V. SANTANGELO, J.

Jesse Cohen for appellant.

Maurice Shire and Warren Freedman for respondent.


Plaintiff's proof in opposition to defendant's moving papers to dismiss the action and for summary judgment pursuant to rule 113 of the Rules of Civil Practice is insufficient to create a triable issue of fact. Moreover, under the existing Federal regulations ( 65 U.S. Stat. 574; U.S. Code, tit. 38, §§ 252a-252e, implemented by operating instructions of the Veterans' Administration) defendant was compelled to return the voucher and plaintiff had no vested interest therein ( Van Horne v. Hines, 74 App. D.C. 214, 122 F.2d 207, 209).

The orders should be reversed, with $10 costs, and motion for summary judgment granted.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Orders reversed, etc.


Summaries of

CALANNI v. RAM MOTORS

Supreme Court, Appellate Term, First Department
Nov 20, 1956
5 Misc. 2d 712 (N.Y. App. Term 1956)
Case details for

CALANNI v. RAM MOTORS

Case Details

Full title:JEAN M. CALANNI, as Administratrix of the Estate of ALBERT B. CALANNI…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 20, 1956

Citations

5 Misc. 2d 712 (N.Y. App. Term 1956)
158 N.Y.S.2d 956