Legal Opinion

McCloskey v. Chase National Bank

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

Decided December 21, 1954PublishedCited by 1 opinion

1Opinion of the CourtCallahan, J.

This action is one in aid of attachment under article 55 of the New York Civil Practice Act. Both sides moved for summary judgment. There is no dispute as to the essential facts, but Special Term felt that the questions relating to the legal effect of the documents involved and of a certain judgment of a Pennsylvania court should await trial.

We find no triable issue. There are three translations presented of an important document (a deed of assignment), but they vary little. We find that even if we accept the translation proffered by plaintiff, defendant is entitled to prevail on the *150legal…

2Cases cited3 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Kenyon v. . SeeNew York Court of Appeals · 1884
  3. Hills v. FlynnAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by1 opinion

  1. Modern Kitchens of Syracuse, Inc. v. DamianoNew York Supreme Court · 1966

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