DE GOMEZ-MENA v. COE


11 N.Y.2d 493 (1962)

Reina Canto de Gomez-Mena, Also Known as Reineri Canto Revelo, Respondent, v. Jacques Coe et al., Doing Business under the Name of Jacques Coe & Co., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1962.


Attorney(s) appearing for the Case

Emanuel Becker and Jacob Gruber for appellants.

Ulysses S. Grant and Lawrence R. Condon for respondent.

Judges DYE, BURKE and FOSTER concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Chief Judge DESMOND and Judge VAN VOORHIS concur.


FULD, J.

The record unequivocally establishes the absence of any possible defense to the action brought by the plaintiff and, accordingly, the courts below had no alternative but to grant her motion for summary judgment.

The action is for conversion of securities and cash in a stock brokerage account, carried by the defendants, entitled "Mendoza y de la Torre Spl A/c #35 R C", and the "issues" advanced...

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