Legal Opinion
Brinkman v. Moskowitz
City of New York Municipal Court
Decided February 27, 1962Published
1Opinion of the CourtJohn A. Montelwne, J.
Plaintiff moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice against the defendant Samuel J. Moskowitz. Defendant Allstate Insurance Company also seeks summary judgment dismissing the complaint.
The complaint alleges two causes of action. Both causes of action are for money had and received by each of the defendants in the respective sum of $500. Plaintiff alleges that this sum had been assigned to him by one John Lynch out of the proceeds of a tort claim or action.
The moving papers disclose that said John Lynch was injured in an automobile accident on October…
2Cases cited7 opinions
- Continental Purchasing Co. v. Van Raalte Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Glazer v. Department of HospitalsNew York Supreme Court · 1956
- Becker v. New Penn Development Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Reardon v. SpagnaAppellate Division of the Supreme Court of the State of New York · 1954
- Empire Discount Corp. v. William E. Bouley Co.New York Supreme Court · 1957
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