[Download] "Rediscount Corporation America v. Anthony D. Duke Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Rediscount Corporation America v. Anthony D. Duke Et Al.
- Author : Supreme Court of New York
- Release Date : January 04, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
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[34 A.D.2d 898 Page 898] Memorandum by the Court. Order entered July 29, 1969, affirmed, with $50 costs and disbursements to defendants-respondents
appearing herein. We predicate our affirmance on the ground that the record discloses issues of fact precluding the granting
of summary judgment and we do not reach the question of whether or not CPLR 3213 is procedurally available under the circumstances
here so as to authorize the making of a motion in advance of the service of a complaint. (Cf. Holmes v. Allstate Ins., 33
A.D.2d 96; Goodman v. Solow, 27 A.D.2d 920.) As reiterated by the Court of Appeals in an action upon written agreements of
guarantee involving some of the parties to this action, the general rule is that "the 'drastic remedy' of summary judgment
should not be granted where there is any doubt as to the existence 'of [factual] issues" (Millerton Agway Coop. v. Briarcliff
Farms, 17 N.Y.2d 57, 61). "This drastic remedy should not be granted where there is any doubt as to the existence of such
issues, or where the issue is 'arguable'." (Glick & Dolleck v. Tri-Pac Export Corp., 22 N.Y.2d 439, 441.) [34 A.D.2d
898 Page 899]