Legal Opinion
Schwartz v. Turner Holdings, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1988PublishedCited by 9 opinions
1Opinion of the Court
— Order, Supreme Court, New York County (Andrew R. Tyler, J.), entered October 27, 1987, denying plaintiff’s motion for summary judgment in lieu of complaint, unanimously reversed, on the law, with costs and disbursements, and the motion granted.
In this CPLR 3213 motion, the note upon which plaintiff sues, the Turner note, does not state a rate of interest. Instead, it refers to another promissory note, which itself does not state a rate of interest either but refers to "Chase Manhattan Prime plus Vz% adjusted on the day of any change.” The Turner note, executed on August 15, 1985, provided…
2Cases cited2 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
3Cited by9 opinions
- European American Bank v. LofreseAppellate Division of the Supreme Court of the State of New York · 1992
- Gittleson v. DempsterAppellate Division of the Supreme Court of the State of New York · 1989
- Allied Irish Banks, PLC v. Young Men's Christian Ass'n of GreenwichNew York Supreme Court · 2012
- Apple Bank for Savings v. MehtaAppellate Division of the Supreme Court of the State of New York · 1994
- Nissan Motor Acceptance Corp. v. ScialpiAppellate Division of the Supreme Court of the State of New York · 2011
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