Legal Opinion
Dowsey v. Megerian
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1986PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover on a promissory note, the *498defendant appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 25, 1985, which granted the plaintiff’s motion for summary judgment.
Order reversed, with costs, and motion denied.
Scrutinizing the competing claims in a light most favorable to the party opposing the motion (see, Nojam Bros, v CNA Ins. Cos., 113 AD2d 109, 114; Goldstein v County of Monroe, 77 AD2d 232, 236), an issue of fact exists as to whether or not the defendant made timely payment. The fact that the defendant was unable to offer conclusive…
2Cases cited3 opinions
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Nojaim Bros. v. CNA Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 1985
- Plastoid Cable Corp. of America v. TFI Companies Inc.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by5 opinions
- Museums at Stony Brook v. Village of Patchogue Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1989
- Lakeside Construction, Inc. v. Depew & Schetter Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Bacon v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1989
- Mutschnik v. Summit Brokerage Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Nardone v. Flanagan, Hall, Kelly, Ronan & SpollenAppellate Division of the Supreme Court of the State of New York · 1997