Axelrath v. Spencer Kellogg & Sons, Inc.

Appellate Division of the Supreme Court of New York

Axelrath v. Spencer Kellogg & Sons, Inc.

265 A.D. 874, 38 N.Y.S.2d 39, 1942 N.Y. App. Div. LEXIS 6278

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1942·Published·Cited by 2 cases

Opinion

[875] No opinion. Lazansky, P. J., Hagarty, Carswell and Adel, JJ., concur; Close, J., dissents and votes to reverse the order granting defendant’s motion for summary judgment and the judgment entered thereon, and to deny the motion; and further votes to reverse the order denying plaintiff’s motion for summary judgment and to grant the motion, with the following memorandum: The contract was assigned prior to the law day to a purchaser to whom the condition precedent had no application.

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[875] No opinion. Lazansky, P. J., Hagarty, Carswell and Adel, JJ., concur; Close, J., dissents and votes to reverse the order granting defendant’s motion for summary judgment and the judgment entered thereon, and to deny the motion; and further votes to reverse the order denying plaintiff’s motion for summary judgment and to grant the motion, with the following memorandum: The contract was assigned prior to the law day to a purchaser to whom the condition precedent had no application.

Axelrath v. Spencer Kellogg & Sons, Inc., 265 A.D. 874, 38 N.Y.S.2d 39, 1942 N.Y. App. Div. LEXIS 6278 (N.Y. Ct. App. 1942).

Pincite

265 A.D. 874 (Axelrath v. Spencer Kellogg & Sons, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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