Legal Opinion

Brewster Transit Mix Corp. v. McLean

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1991PublishedCited by 18 opinions

1Opinion of the Court

Casey, J. P.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Dickinson, J.), entered November 21, 1989 in Putnam County, which denied plaintiff’s motion for summary judgment.

In November 1987, an application for credit was submitted to plaintiff by McClean Brothers Construction Corporation. The application form was completed and signed by defendant, who was listed as president of the corporation. In the space following the phrase "amt. credit desired”, defendant inserted $5,000. Immediately above defendant’s signature…

2Cases cited4 opinions

  1. General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
  2. American Trading Co. v. FishNew York Court of Appeals · 1977
  3. Shire Realty Corp. v. SchorrAppellate Division of the Supreme Court of the State of New York · 1977
  4. NEW YORK PLUMBER'S SPECIALTIES CO., INC. v. 91 E. End Corp.New York Court of Appeals · 1977

3Cited by18 opinions

  1. Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera NavarroNew York Court of Appeals · 2015
  2. TD Bank NA v. Vernon Hill, IICourt of Appeals for the Third Circuit · 2019
  3. Bank of Tokyo-Mitsubishi, Ltd. v. KvaernerAppellate Division of the Supreme Court of the State of New York · 1998
  4. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLCAppellate Division of the Supreme Court of the State of New York · 2006
  5. National Union Fire Insurance v. Robert Christopher AssociatesAppellate Division of the Supreme Court of the State of New York · 1999

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