From Casetext: Smarter Legal Research

Marine Midland Tr. Co. of Cent. N.Y. v. Bloom

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1972
40 A.D.2d 580 (N.Y. App. Div. 1972)

Opinion

July 6, 1972

Appeal from the Onondaga Special Term.

Present — Goldman, P.J., Del Vecchio, Witmer, Moule and Henry, JJ.


Judgment unanimously affirmed with costs. Memorandum: The trial court failed to set forth the findings required by CPLR 4213 (subd. [b]). However, since the record is complete, we supply the necessary findings. ( Mobil Oil Corp. v. Livingston, 37 A.D.2d 796. ) Plaintiff proved that for value received, Benjamin Bloom and Henry Bloom on October 13, 1967 made, executed and delivered an instrument in writing wherein they jointly and severally promised to pay to the order of plaintiff the sum of $32,000 three months after date; that Benjamin Bloom died in December, 1967 and defendant Sarah Bloom was appointed administratrix of his estate; and that plaintiff was still the holder of the note and the unpaid balance was $23,171.79 with interest from April 15, 1969. Defendant failed to prove any defense to the action and, accordingly, plaintiff was entitled to the judgment granted by the trial court.


Summaries of

Marine Midland Tr. Co. of Cent. N.Y. v. Bloom

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1972
40 A.D.2d 580 (N.Y. App. Div. 1972)
Case details for

Marine Midland Tr. Co. of Cent. N.Y. v. Bloom

Case Details

Full title:MARINE MIDLAND TRUST COMPANY OF CENTRAL NEW YORK, Respondent, v. SARAH…

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

Date published: Jul 6, 1972

Citations

40 A.D.2d 580 (N.Y. App. Div. 1972)

Citing Cases

Morgan Services, Inc. v. Lavan Corporation

Nonetheless, it is our duty, if at all possible, to harmonize the findings and arrive at the real intention…

Matter of Romeo v. Romeo

In this case the record appears complete and therefore this court, doing that which the trial court should…