Bradhurst Properties, Inc. v. Jackson

Appellate Division of the Supreme Court of New York

Bradhurst Properties, Inc. v. Jackson

3 A.D.2d 903, 162 N.Y.S.2d 700, 1957 N.Y. App. Div. LEXIS 5378

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

DecidedMay 21, 1957

StatusPublished

This text of 3 A.D.2d 903 (Bradhurst Properties, Inc. v. Jackson) 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

Bradhurst Properties, Inc. v. Jackson, 3 A.D.2d 903, 162 N.Y.S.2d 700, 1957 N.Y. App. Div. LEXIS 5378 (N.Y. Ct. App. 1957).

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Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. We are unable to agree with the holding of the trial court that there is no apparent consideration for the discharge of the $6,500 mortgage or that the extension agreement did not affect the matter. Plaintiff made a sufficient showing to require defendant to submit his evidence, and in the absence of rebutting evidence plaintiff’s proof was sufficient to warrant a judgment in its favor. As defendant rested on the indicated disposition of the court, we feel that the interests of justice require a new trial. Concur — Peck, P. J., Botein, Frank, Valente and McNally, JJ.

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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. We are unable to agree with the holding of the trial court that there is no apparent consideration for the discharge of the $6,500 mortgage or that the extension agreement did not affect the matter. Plaintiff made a sufficient showing to require defendant to submit his evidence, and in the absence of rebutting evidence plaintiff’s proof was sufficient to warrant a judgment in its favor. As defendant rested on the indicated disposition of the court, we feel that the interests of justice require a new trial. Concur — Peck, P. J., Botein, Frank, Valente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 903, 162 N.Y.S.2d 700, 1957 N.Y. App. Div. LEXIS 5378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradhurst-properties-inc-v-jackson-nyappdiv-1957.