Austin v. Greenport Basin & Construction Co.

Appellate Division of the Supreme Court of New York

Austin v. Greenport Basin & Construction Co.

239 A.D. 849

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1933

StatusPublished

This text of 239 A.D. 849 (Austin v. Greenport Basin & Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. Greenport Basin & Construction Co., 239 A.D. 849 (N.Y. Ct. App. 1933).

Pincite

Opinion

Judgments reversed on the law and a new trial granted, costs to abide the event. While we are of the opinion that the complaint was properly dismissed, so far as based upon alleged fraudulent representations as to the yacht being constructed by defendant Greenport Basin and Construction Company, we think the plaintiff made out a prima, fade case on the question of improper construction and unfitness for the purposes for which it was to be used. The evidence connecting the Greenport Basin and Construction Company with the contract sued upon is very slight, but, inasmuch as the complaint was dismissed at the close of plaintiff’s case, the judgments are reversed as to both defendants. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgments reversed on the law and a new trial granted, costs to abide the event. While we are of the opinion that the complaint was properly dismissed, so far as based upon alleged fraudulent representations as to the yacht being constructed by defendant Greenport Basin and Construction Company, we think the plaintiff made out a prima, fade case on the question of improper construction and unfitness for the purposes for which it was to be used. The evidence connecting the Greenport Basin and Construction Company with the contract sued upon is very slight, but, inasmuch as the complaint was dismissed at the close of plaintiff’s case, the judgments are reversed as to both defendants. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

239 A.D. 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-greenport-basin-construction-co-nyappdiv-1933.