Bache & Co. v. Grossman

Appellate Division of the Supreme Court of New York

Bache & Co. v. Grossman

2 A.D.2d 876, 156 N.Y.S.2d 738, 1956 N.Y. App. Div. LEXIS 3991

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

DecidedNovember 7, 1956

StatusPublished

This text of 2 A.D.2d 876 (Bache & Co. v. Grossman) 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

Bache & Co. v. Grossman, 2 A.D.2d 876, 156 N.Y.S.2d 738, 1956 N.Y. App. Div. LEXIS 3991 (N.Y. Ct. App. 1956).

Pincite

Opinion

There are no triable issues as to defendants-appellants’ acceptance of the agreement of January 15, 1954, and there is no showing of duress on their part in procuring the agreement which would warrant a trial of that tendered issue. Nor is a cause of action stated in the alleged counterclaim which would support the claim for damages alleged. Order denying the cross motion to strike the answer and cross complaint of defendant-respondent Grossman and for summary judgment unanimously reversed and the motion granted, without prejudice to the right of defendant-respondent Grossman to institute an appropriate action in fraud if he be so advised. Settle order on notice. Concur —Peck, P. J., Botein, Rabin, Cox and Valente, JJ. [See post, p. 966.]

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There are no triable issues as to defendants-appellants’ acceptance of the agreement of January 15, 1954, and there is no showing of duress on their part in procuring the agreement which would warrant a trial of that tendered issue. Nor is a cause of action stated in the alleged counterclaim which would support the claim for damages alleged. Order denying the cross motion to strike the answer and cross complaint of defendant-respondent Grossman and for summary judgment unanimously reversed and the motion granted, without prejudice to the right of defendant-respondent Grossman to institute an appropriate action in fraud if he be so advised. Settle order on notice. Concur —Peck, P. J., Botein, Rabin, Cox and Valente, JJ. [See post, p. 966.]

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Bluebook (online)

2 A.D.2d 876, 156 N.Y.S.2d 738, 1956 N.Y. App. Div. LEXIS 3991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bache-co-v-grossman-nyappdiv-1956.