Legal Opinion

Brown v. Flushing Federal Savings & Loan Ass'n

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

Decided July 8, 1985PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover diverted funds, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated November 14, 1984, which denied his motion for summary judgment.

Order modified, on the law, by (1) deleting therefrom the words "by reason of the existence of trial [sic] issues of fact” and (2) adding a provision thereto granting summary judgment to defendant (CPLR 3212 [b]). As so modified, order affirmed, with costs to the defendant.

The facts of this case were stipulated to by the parties and are as follows:

"1. julia tenebra, plaintiffs testatrix, had an account…

2Cases cited7 opinions

  1. Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
  2. Mtr. of Knox (Columbia Banking)New York Court of Appeals · 1985
  3. Clarke v. Public National Bank & Trust Co.New York Court of Appeals · 1932
  4. Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
  5. Manufacturers Trust Co. v. United States Mortgage & Trust Co.New York Court of Appeals · 1926

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Diamore Realty Corp. v. SternAppellate Division of the Supreme Court of the State of New York · 2008
  2. Siroty v. NelsonNew York Court of Appeals · 1990
  3. Siroty v. NelsonNew York Court of Appeals · 1990
  4. Siroty v. NelsonAppellate Division of the Supreme Court of the State of New York · 1989

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