Legal Opinion
Lombard & Co. v. De La Roche
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 1997PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Huff, J.), entered October 11, 1995, which denied plaintiff’s motion for summary judgment pursuant to CPLR 3213, and order, same court and Justice, entered August 2, 1996, which denied its motion for renewal, unanimously affirmed, without costs.
*334The motion court properly considered parol evidence in finding that defendant had raised a triable issue as to whether the instruments were part of a "sham” transaction in which they were never intended to operate as promissory notes at all (Bernstein v Kritzer, 253 NY 410, 416). Contrary to plaintiff’s…
2Cases cited4 opinions
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Bernstein v. KritzerNew York Court of Appeals · 1930
- Greenleaf v. LachmanAppellate Division of the Supreme Court of the State of New York · 1995
- Leonard Fuchs, Inc. v. Laser Processing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by8 opinions
- Garcia v. Emerick Gross Real Estate, L.P.Appellate Division of the Supreme Court of the State of New York · 2021
- Goth v. TrembleAppellate Division of the Supreme Court of the State of New York · 2009
- Kamp v. FiumeraAppellate Division of the Supreme Court of the State of New York · 2010
- DeVito v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1997
- Phelps v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2015
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