Aviation Training Corp. v. Gargiulo

New York Supreme Court

Aviation Training Corp. v. Gargiulo

184 Misc. 198, 53 N.Y.S.2d 141, 1945 N.Y. Misc. LEXIS 2864

DecidedJanuary 9, 1945

StatusPublished

This text of 184 Misc. 198 (Aviation Training Corp. v. Gargiulo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aviation Training Corp. v. Gargiulo, 184 Misc. 198, 53 N.Y.S.2d 141, 1945 N.Y. Misc. LEXIS 2864 (N.Y. Super. Ct. 1945).

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Opinion

Memorandum Per Curiam.

A triable issue of fact is presented as to whether the defendant signed as a party to the contract in the sense of being bound thereby, or whether he merely signed in the belief his approval to his son’s signing the contract, because of nonage, was required. It was error, therefore, to treat the defense as sham and to grant summary judgment.

The judgment and order should be reversed, with $10 costs to appellant to abide the event, and motion denied.

Hammer, McLaughlin and Eder, JJ., concur.

Judgment and order reversed, etc.

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Memorandum Per Curiam.

A triable issue of fact is presented as to whether the defendant signed as a party to the contract in the sense of being bound thereby, or whether he merely signed in the belief his approval to his son’s signing the contract, because of nonage, was required. It was error, therefore, to treat the defense as sham and to grant summary judgment.

The judgment and order should be reversed, with $10 costs to appellant to abide the event, and motion denied.

Hammer, McLaughlin and Eder, JJ., concur.

Judgment and order reversed, etc.

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Bluebook (online)

184 Misc. 198, 53 N.Y.S.2d 141, 1945 N.Y. Misc. LEXIS 2864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aviation-training-corp-v-gargiulo-nysupct-1945.