(Download) "Marine Midland Bank v. Barbara C. Fisher" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Marine Midland Bank v. Barbara C. Fisher
- Author : Supreme Court of New York
- Release Date : January 23, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Order unanimously reversed, on the law and facts, with costs, plaintiffs motion for summary judgment denied, and judgment vacated. Memorandum: Defendant appeals from an order of November 26, 1980 which granted plaintiff Marine Midland Bank (Bank) summary judgment in its action on a note executed by defendant and her deceased husband. Contrary to plaintiffs assertion, the order is appealable. While the decretal paragraph of that order merely states that defendants motion to reargue was denied, it must be read in conjunction with the decisions in the proceedings before Special Term. On October 19, 1979, Special Term granted the Banks motion for summary judgment and judgment was entered against defendant in the sum of $153,414.10 on October 25, 1979. On October 31, 1979, defendant moved to reargue. On September 15, 1980 Special Term determined that a triable issue of fact was presented concerning the authenticity of a defendants signature on the note. Special Term reversed its prior order and denied summary judgment; however, no order to that effect was ever entered. By letter to the court dated September 23, 1980, counsel for the Bank argued that the court had erred in finding that the authenticity of defendants signature on the note was in issue. On November 5, 1980 Special Term issued a third decision, finding that there was no dispute that defendant had executed the note and that the authenticity of her signature on an assignment of an insurance policy on the life of her deceased husband was immaterial to plaintiffs cause of action. Thereupon Special Term withdrew its decision of September 15, 1980 and let stand its decision of October, 1979. That series of events indicates that Special Term in fact granted defendants motion to reargue, reconsidered the merits of the Banks summary judgment motion, again reconsidered the merits and ultimately adhered to its prior decision embodied in the order and judgment of October, 1979. As such, the order of November 26, 1980 superseded that of October 19, 1979 (see Dennis v Stout, 24 A.D.2d 461) and is appealable (see Lincoln First Bank of Rochester v Grabowski, 50 A.D.2d 1074, 1075). Two procedural flaws in the proceedings before Special [85 A.D.2d 905 Page 906]
 "Marine Midland Bank v. Barbara C. Fisher" by Supreme Court of New York ~ eBook PDF Kindle ePub Free){kind=link}