Gabbe v. Realty Liens Corp. , 46 A.D.2d 808 ( 1974 )


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  • In an action based upon an instrument for the payment of a sum of money only, defendants appeal from a judgment of the Supreme Court, Nassau County, entered May 13, 1974, which granted plaintiffs’ motion for summary judgment in lieu of a complaint (CPLR 3213). Judgment reversed, without costs, and motion denied. Even though the contentions of defendants are most tenuous, there is sufficient indicated to warrant a trial. Shapiro, Acting P. J., Christ and Munder, JJ., concur; Cohalan and Brennan, JJ., dissent and vote to affirm.

Document Info

Citation Numbers: 46 A.D.2d 808

Filed Date: 11/25/1974

Precedential Status: Precedential

Modified Date: 1/12/2022