Marine Midland Trust Co. v. Dugan
New York Supreme Court
1Opinion of the CourtZeller, J.
By separate motions each party seeks judgment pursuant to rule 113 of the Buies of Civil Practice. The facts are not in dispute but the parties do not agree on the conclusion to be drawn from the facts.
E. Howard Cummings owned premises known as 56 Central Avenue, Owego, Hew York, which consisted of an automobile showroom and garage on the main floor and apartments on the second floor. Cummings operated an auto sales and service station on the premises under the name of “ Cummings Motor Sales ” and he and his wife for a time lived in one of the apartments. In December, 1949, Cummings sold the…
2Cases cited8 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Stewart v. PlattSupreme Court of the United States · 1879
- Russell v. . St. MartNew York Court of Appeals · 1905
- General Motors Acceptance Corp. v. BarnettCity of New York Municipal Court · 1931
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by4 opinions
- In Re Douglas G. Knapp and Gloria J. Knapp, Bankrupt. Red Carpet Homes of Johnstown, Inc. v. Stephen Gerling, Trustee in BankruptcyCourt of Appeals for the Second Circuit · 1978
- G. A. C. Finance Corp. v. Citizens & Southern National BankSupreme Court of South Carolina · 1959
- In re LohrDistrict Court, E.D. New York · 1953
- Robar Associates, Inc. v. Lori Motors Sales Corp.New York Supreme Court · 1960