Legal Opinion
Stratford Credit Corp. v. Pettrone
New York County Courts
Decided February 6, 1958PublishedCited by 2 opinions
1Opinion of the Court
Francis A. Sturges
(Orleans County Judge and Acting Judge for Monroe County). To succeed upon this motion, the plaintiff must establish that there are no issues of fact to be tried. (Famous Realty v. Frindel, 135 N. Y. S. 2d 261; General Investment Co. v. Interborough R. T. Co., 235 N. Y. 133; Curry v. Mackenzie, 239 N. Y. 267.) As the court said in Salt Springs Nat. Bank of Syracuse v. Hitchcock (238 App. Div. 150, 151): ‘ ‘ For unless upon all the papers plaintiff has made it appear that appellant’s denials and defenses are sham or frivolous, and that, therefore, a trial would be a useless…
2Cases cited4 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
- Salt Springs National Bank v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1933
3Cited by2 opinions
- City of New York v. Nic Homes, Inc.Civil Court of the City of New York · 1964
- Household Discount Corp. v. GleasmanNew York Supreme Court · 1964