Appellate Division of the Supreme Court of New York, 1969

Short Line Delivery Corp. v. Acme Carriers, Inc.

Short Line Delivery Corp. v. Acme Carriers, Inc.
Appellate Division of the Supreme Court of New York · Decided July 2, 1969
32 A.D.2d 930; 303 N.Y.S.2d 345; 1969 N.Y. App. Div. LEXIS 3484
Short Line Delivery Corp. v. Acme Carriers, Inc.

Opinion of the Court

Order of the Appellate Term, -Second Judicial Department, dated April 21, 1967, affirmed, with $10 costs and disbursements. We are of the opinion that issues of fact are present which necessitated the denial of summary judgment beyond the amount granted. Christ, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Martuseello, J., dissents and votes to reverse and to grant summary judgment as sought by plaintiff, with the following memorandum:-I am of the opinion that defendant failed to overcome the documentary evidence presented by plaintiff and thus failed to raise an issue of fact requiring a trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.