Gonzalez v. Industrial Bank (of Cuba)
| Decision Date | 23 February 1960 |
| Citation | 196 N.Y.S.2d 926,10 A.D.2d 624 |
| Parties | Yolanda Duque de Estrada GONZALEZ, Plaintiff-Respondent, v. INDUSTRIAL BANK (OF CUBA), Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
D. Adams, New York City, for defendant-appellant.
M. F. Hughes, New York City, for plaintiff-respondent.
Before BOTEIN, P. J., and BREITEL, McNALLY, STEVENS and BASTOW, JJ.
Order denying defendant's motion to vacate warrant of attachment and to set aside the service of the summons and complaint unanimously affirmed, with costs to abide the event. The grounds for decision by Special Term cannot be adopted. However, there is enough of an allegation at this stage of the proceedings to support the claim of an over-all agreement as distinguished from the sale of a draft to require defendant to be put to answer, at least, and also, perhaps, to its proof.
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Gonzalez v. Industrial Bank (of Cuba)
...over the subject matter of the action. The attachment was sustained (22 Misc.2d 874, 195 N.Y.S.2d 346) and this Court affirmed (10 A.D.2d 624, 196 N.Y.S.2d 926). However, we expressly refused to adopt the grounds for decision at Special Term, and merely held that 'there is enough of an alle......
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Gonzalez v. Industrial Bank (of Cuba)
...aside the summons and complaint. That motion was denied (22 Misc.2d 874, 195 N.Y.S.2d 346), and unanimously affirmed on appeal (10 A.D.2d 624, 196 N.Y.S.2d 926) and subsequently unanimously affirmed by the Court of Appeals (9 N.Y.2d 623, 210 N.Y.S.2d 227, 172 N.E.2d Meanwhile, defendant Ind......
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Gonzalez v. Industrial Bank (of Cuba)
...delay in turn was not a patently frivolous one in the light of the jurisdictional issue raised in abatement on the prior appeal (10 A.D.2d 624, 196 N.Y.S.2d 926, affirmed 9 N.Y.2d 623, 210 N.Y.S.2d 227). Needless to say, while the Court would not open the default unless it were satisfied th......
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Gonzalez v. Industrial Bank
...CUBA), Appellant. Court of Appeals of New York. Jan. 5, 1961. Appeal from Supreme Court, Appellate Division, First Department, 10 A.D.2d 624, 196 N.Y.S.2d 926. Action was commenced by warrant of attachment. The complaint alleged a cause of action based on breach by defendant of alleged agre......