Hyperlawhypertext legal database Allied Roofers Supply Co. v. Nanuet National Bank 45 A.D.2d 996

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Allied Roofers Supply Co. v. Nanuet National Bank

45 A.D.2d 996 Court N.Y. App. Div. Decision date 1974-07-29 English

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p. 996
Allied Roofers Supply Co. et al., Plaintiffs, v. Nanuet National Bank et al., Defendants. Nanuet National Bank, Third-Party Plaintiff-Appellant, v. Lawrence Warehouse Company, Third-Party Defendant-Respondent.

Order of the Supreme Court, Rockland County, dated October 30, 1973, reversed, with $20 costs and disbursements, and motion to dismiss the third-party complaint on the ground, inter alia, that a defense thereto is founded upon documentary evidence (CPLR 3211, subd. [a]), denied. The pleadings and documentary evidence raise questions of fact as to the parties’ intent which may be resolved only on a trial. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.