Treacy v. Melrose Paper Stock Co.
Cases that cite this one
6 later published cases cite this decision.
- Fort William Henry Corp. v. Lake George Inn, Inc. (Appellate Division of the Supreme Court of New York 1967)
- Romick's International, Inc. v. Interstate Cigar Co. (Nassau County District Court 1966)
- Hunting Supply Corp. v. Febrey (Appellate Division of the Supreme Court of New York 1964)
- Torre v. Zuza (New York Supreme Court 1961)
- Illinois McGraw Electric Co. v. John W. Walters, Inc. (New York Supreme Court 1961)
- Illinois McGraw Electric Co. v. John J. Walters, Inc. (N.Y. 1959)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The facts shown by defendant were sufficient to warrant trial of the issues raised by the counterclaims pleaded in the answer. Judgment was sought by defendant for a sum in excess of its admitted indebtedness to the corporation of which plaintiff is receiver. Thus the effect of section 176 of the General Corporation Law (Cons. Laws, ch. 23) was a question not presented. On this record plaintiff was not entitled to any summary judgment.
The judgment of the Appellate Division and that of the Special Term should be reversed and the motion denied, with costs in all courts to the defendant-appellant.
Crane, Ch. J., Lehman, O’Brien, Hubbs and Lough-ran, JJ., concur; Crouch and Finch, JJ., not sitting.
Judgments reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.