Safro v. Feldshuh
| Decision Date | 28 January 1960 |
| Citation | 200 N.Y.S.2d 480 |
| Parties | Paul SAFRO, Plaintiff-Appellant, v. Sidney FELDSHUH, trading as Cortland Discount Co., Defendant-Respondent. Sidney FELDSHUH, doing business as Cortland Discount Co., Defendant and Third Party-Plaintiff, v. Martin H. MICHAEL, Third Party-Defendant. |
| Court | New York Supreme Court — Appellate Term |
Jacob Bromberg, New York City, for appellant.
Isaac Kaplan, New York City, for respondent.
Before HECHT, J. P., and AURELIO and TILZER, JJ.
The defenses interposed by defendant are untenable as a matter of law since he concedes that the checks in question, which were signed by him and delivered to plaintiff, were issued in settlement of an obligation due to plaintiff from two corporations, in which defendant had a financial interest.
Defendant paid twenty of the series of checks of which the instruments in suit are a part and in his third-party complaint against the third-party defendant he alleges that he has heretofore 'made payments in excess of his share of the amount due to plaintiff so that the sums referred to in the complaint herein are to be paid, if at all, by the Third Party Defendant.'
Defendant impliedly concedes that there are no issues of fact since in his answering affidavit to the motion for summary judgment he requested summary judgment dismissing the complaint.
Consequently, it was error to deny the motion for summary judgment in favor of plaintiff and the order should be reversed.
Order reversed, with $10 costs, and motion granted.
All concur.
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Goodwill Advertising Co. v. State Liquor Authority
...requests summary judgment dismissing the complaint, as here, he impliedly concedes that there are no issues of fact (Safro v. Feldshuh, Sup., 200 N.Y.S.2d 480). Here, in this case, the parties are in essential agreement as to the facts and there is nothing in truth to be tried. The only rea......
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Shubitz v. Consolidated Edison Co. of New York
...The only issues to be determined are those of law. Under such circumstances, the motion for summary judgment is proper. (Safro v. Feldshuh, Sup., 200 N.Y.S.2d 480; Goodwill Advertising Co. v. State Liquor Authority, 40 Misc.2d 886, 244 N.Y.S.2d 322, affd. 19 A.D.2d 928, 244 N.Y.S.2d 640.) J......