Legal Opinion

Bernstein v. Kaplan

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

Decided February 5, 1979PublishedCited by 17 opinions

1Opinion of the Court

— In an action for the repayment of a loan, the defendant appeals from an order of the Supreme Court, Queens County, entered August 8, 1978, which denied his motion for summary judgment. Order affirmed, with $50 costs and disbursements. The facts taken in the light most favorable to the plaintiff are as follows: The plaintiff, Dr. Martin Bernstein, lent his cousin, defendant Joseph Kaplan, a total of $15,500 in December, 1969 and January, 1970. The loan was made to assist Mr. Kaplan in setting up a new business, a luncheonette. No written loan agreement was made and it appears that the loan…

2Cases cited4 opinions

  1. Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
  2. Crow v. . GleasonNew York Court of Appeals · 1894
  3. Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
  4. In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945

3Cited by17 opinions

  1. Sarva v. ChakravortyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Education Resources Institute, Inc. v. PiazzaAppellate Division of the Supreme Court of the State of New York · 2005
  4. Schmidt v. Polish People's RepublicDistrict Court, S.D. New York · 1984
  5. Skiadas v. TerovolasAppellate Division of the Supreme Court of the State of New York · 2000

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