Werfel v. Zivnostenska Banka
Cases that cite this one
59 later published cases cite this decision. The 25 that cite it most often are listed here.
- Weiss v. Glemp (District Court, S.D. New York 1992)
- Menendez v. Saks And Company (2d Cir. 1973)
- Menendez v. Saks (2d Cir. 1973)
- 720-730 Fort Washington Avenue Owners Corp. v. Utica First Insurance (New York Supreme Court 2009)
- Matter of Cocose v. Diane B. (Ulster Family Court 2005)
- Amsellem v. Amsellem (New York Supreme Court 2001)
- John Treiber Agency, Inc. v. Spartan Concrete Corp. (Appellate Division of the Supreme Court of New York 2000)
- 600 West 115th Street Corp. v. Von Gutfeld (Appellate Division of the Supreme Court of New York 1991)
- Broadway—111th Street Associates v. Morris (Appellate Division of the Supreme Court of New York 1990)
- Chemical Bank v. West 95th Street Development Corp (Appellate Division of the Supreme Court of New York 1990)
- Gandhi v. Nayak (Appellate Division of the Supreme Court of New York 1989)
- Rennie v. Barbarosa Transport, Ltd. (Appellate Division of the Supreme Court of New York 1989)
- Assaf v. Ropog Cab Corp. (Appellate Division of the Supreme Court of New York 1989)
- Binderman v. Kazdan (Civil Court of the City of New York 1989)
- St. Paul Fire & Marine Insurance v. Federal Express Corp. (Civil Court of the City of New York 1989)
- Rubin v. Dondysh (Civil Court of the City of New York 1989)
- Gibson v. American Export Isbrandtsen Lines, Inc. (Appellate Division of the Supreme Court of New York 1987)
- Missett v. Missett (Appellate Division of the Supreme Court of New York 1986)
- In re the Estate of Jenkins (New York Surrogate's Court 1986)
- Cristiano v. Illinois National Insurance (Appellate Division of the Supreme Court of New York 1985)
- Myers v. Fir Cab Corp. (Appellate Division of the Supreme Court of New York 1984)
- Albert G. Ruben & Co. v. Fritzen (Appellate Division of the Supreme Court of New York 1984)
- Bellefonte Re-Insurance v. Volkswagenwerk AG (Appellate Division of the Supreme Court of New York 1984)
- Ugarriza v. Schmieder (N.Y. 1979)
- Horowitz v. Kevah Konner, Inc. (Appellate Division of the Supreme Court of New York 1979)
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 defendant is not entitled to summary judgment. Where on a motion for summary judgment the record as submitted by both parties reveals the existence of conflicting issues of fact which can only be resolved by a trial, summary judgment should not be granted. Upon such a motion the decisive consideration is the existence of conflicting issues of fact rather than the sufficiency of the pleadings considered without the supporting affidavits. (Curry v. Mackenzie, 239 N. Y. 267, 272.)
Among the issues to be tried are the terms of the contract; what is the foreign law which either party claims to be applicable and in what respect may such law have been rendered inoperative by reason of events happening subsequent to the making of the contract.
The judgments should be reversed and the motions denied, with costs in all courts to appellant to abide the event.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgments reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.