SCHOENFELD v. MODERN SILVER LINEN SUPPLY CO.


279 A.D. 49 (1951)

Isadore Schoenfeld, Respondent, v. Modern Silver Linen Supply Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1951.


Attorney(s) appearing for the Case

Myron P. Gordon of counsel (Arthur A. Litt with him on the brief; Jacob Landau, attorney), for appellants.

Louis Spivack of counsel (S. O. Menikoff with him on the brief; Menikoff & Spivack, attorneys), for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

When a document which prime facie defeats the plaintiff's cause of action is produced on a motion for summary judgment to dismiss the complaint, it is incumbent upon plaintiff to show by affidavit or other proof such facts sufficient to entitle him to a trial of the action (Rules Civ. Prac., rule 113).

In support of their motion, defendants submitted a general release executed by plaintiff at the time of his discharge which runs to defendants...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases