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Franklin Washington Trust Company v. McCloskey

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1954
283 App. Div. 778 (N.Y. App. Div. 1954)

Opinion

March 16, 1954.

Present — Peck, P.J., Callahan, Breitel, Bastow and Botein, JJ.


Order and judgment unanimously reversed. The affidavits submitted on behalf of the defendant are quite inadequate to support the defenses set up in the answer, in accordance with the strict requirements of rule 113 of the Rules of Civil Practice, but in the interest of justice since the court, based on the inadequately supported conclusory statements, is of the opinion that these defendants in the particular and unusual circumstances herein appearing may have a defense, the order is reversed and the motion remitted to Special Term for the submission of further affidavits by the defendants, if they are so advised, factually supporting their pleaded defenses, and for a rehearing. Settle order on notice.


Summaries of

Franklin Washington Trust Company v. McCloskey

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1954
283 App. Div. 778 (N.Y. App. Div. 1954)
Case details for

Franklin Washington Trust Company v. McCloskey

Case Details

Full title:FRANKLIN WASHINGTON TRUST COMPANY, Respondent, v. FRANK McCLOSKEY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 16, 1954

Citations

283 App. Div. 778 (N.Y. App. Div. 1954)

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