Legal Opinion
Hanam, B v. v. Kittay
District Court, S.D. New York
Decided May 7, 1984No. 83 Civ. 1737(M.P.)PublishedCited by 12 opinions
1Opinion of the Court
OPINION
MILTON POLLACK, Senior District Judge.
Plaintiff has moved for partial summary judgment under Rule 56 Fed.R.Civ.P. on three negotiable promissory notes dated March 2, 1982, issued by Sol Kittay. The maker died three months later, on June 10, 1982. The notes have since matured. This is peculiarly a ease for the use of Rule 56 to strain out fictitious and unworthy defenses to promissory notes used for dilatory purposes.
The guiding principle is set forth in Rule 56(e) of the Federal Rules of Civil Procedure which provides that:
When a motion for summary judgment is made and supported as…
2Cases cited14 opinions
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
- Sterling National Bank and Trust Co. Of New York v. Fidelity Mortgage InvestorsCourt of Appeals for the Second Circuit · 1975
- Gertrude Beal v. John v. Lindsay, Individually and as Mayor of the City of New YorkCourt of Appeals for the Second Circuit · 1972
- Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
- S. M. Flickinger Co. v. 18 Genesee Corp.Appellate Division of the Supreme Court of the State of New York · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Investors Insurance Company of America, Cross-Appellee v. Dorinco Reinsurance Company, Cross-AppellantCourt of Appeals for the Second Circuit · 1990
- IFG Leasing Co. v. GordonUtah Supreme Court · 1989
- Bank of Boston International v. Arguello TefelDistrict Court, E.D. New York · 1986
- American Home Assur. Co. v. MERCK & CO. INC.District Court, S.D. New York · 2004
- In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
7 more not listed; retrieve them via the Exa API.