Bank of United States v. Slifka

Motion denied. Disregarding the preliminary objections that rule 105 of the Rules of Civil Practice requires a motion made under rule 104 of the Rules of Civil Practice to be made within twenty days from the service of the pleading, and attending solely to the merits of the application, it appears that disapproval of the motion must be had. The denials and defenses reject the material allegations of the complaint and set up conditional execution, indorsement and delivery of the notes. These are triable issues which forbid summary judgment. (Niblock v. Sprague, 200 N. Y. 390.) The admission of…