Legal Opinion
Bagley v. Butler
New York County Courts
Decided February 25, 1969PublishedCited by 5 opinions
1Opinion of the CourtJohn J. McCall, J.
Plaintiff moves, pursuant to CPLR 3213, for summary judgment on an instrument calling for the payment of a sum of money only. The supporting documents consist of the instrument and an affidavit of the plaintiff. Defendants submitted their affidavit, and that of their attorney, in opposition and, additionally, ask for summary judgment, pursuant to CPLR 3212 (subd. [b]). Said section permits a party other than the original moving party to seek the relief without the necessity of a cross motion.
The instrument in question here is a contract between a broker and an owner relative to the sale of…
2Cases cited3 opinions
- Slattery v. CothranAppellate Division of the Supreme Court of the State of New York · 1924
- Levy v. RotheAppellate Terms of the Supreme Court of New York · 1896
- Schultz v. GriffinSuperior Court of Buffalo · 1893
3Cited by5 opinions
- Foltz v. BegnocheSupreme Court of Kansas · 1977
- Interactive Properties, Inc. v. Doyle Dane Bernbach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Manhattan Fuel Co. v. New England Petroleum Corp.District Court, S.D. New York · 1977
- Hunt Real Estate Corp. v. SmallidgeNew York Supreme Court · 1971
- Burman Realty of Lindenhurst, Inc. v. AllenSuffolk County District Court · 1973