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Newman v. Special

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1939
257 App. Div. 1030 (N.Y. App. Div. 1939)

Opinion

June 28, 1939.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Dowling, JJ.


Order reversed on the law, with ten dollars costs and disbursements, and motion for summary judgment granted, with ten dollars costs, with leave to the defendant, however, if so advised, and if the facts warrant it, to move at Special Term within twenty days after service of a copy of the order herein for a reargument, and to submit affidavits as required by rule 113 of the Rules of Civil Practice, in which may be incorporated evidentiary facts disclosing a triable fact under the answer herein. ( Bliss v. Hamilton, 228 App. Div. 827.) All concur. (The order denies plaintiff's motion for summary judgment and directs an examination before trial, in an action to recover the amount due on a promissory note.)


Summaries of

Newman v. Special

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1939
257 App. Div. 1030 (N.Y. App. Div. 1939)
Case details for

Newman v. Special

Case Details

Full title:ADOLPH M. NEWMAN, Appellant, v. SAMUEL D. SPECIAL, Respondent

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

Date published: Jun 28, 1939

Citations

257 App. Div. 1030 (N.Y. App. Div. 1939)

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