Chemical Corn Exchange Bank v. Aarons

Appellate Division of the Supreme Court of New York

Chemical Corn Exchange Bank v. Aarons

9 A.D.2d 881, 193 N.Y.S.2d 495, 1959 N.Y. App. Div. LEXIS 5681

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

DecidedDecember 8, 1959

StatusPublished

This text of 9 A.D.2d 881 (Chemical Corn Exchange Bank v. Aarons) 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

Chemical Corn Exchange Bank v. Aarons, 9 A.D.2d 881, 193 N.Y.S.2d 495, 1959 N.Y. App. Div. LEXIS 5681 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order denying summary judgment unanimously affirmed, with $20 costs and disbursements to abide the event. The record before us is so inadequate that we cannot say as a matter of law that the oral agreement of forbearance is insufficient as a defense. Issues of fact are presented as to the nature of the alleged agreement, its performability within a year, the consideration for the alleged agreement to forbear, and the factors going to its validity as a matter of public policy. The resolution of those issues must await a trial. Concur — Botein, P. J., Breitel, Rabin, Stevens and Valente, JJ.

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Order denying summary judgment unanimously affirmed, with $20 costs and disbursements to abide the event. The record before us is so inadequate that we cannot say as a matter of law that the oral agreement of forbearance is insufficient as a defense. Issues of fact are presented as to the nature of the alleged agreement, its performability within a year, the consideration for the alleged agreement to forbear, and the factors going to its validity as a matter of public policy. The resolution of those issues must await a trial. Concur — Botein, P. J., Breitel, Rabin, Stevens and Valente, JJ.

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Bluebook (online)

9 A.D.2d 881, 193 N.Y.S.2d 495, 1959 N.Y. App. Div. LEXIS 5681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chemical-corn-exchange-bank-v-aarons-nyappdiv-1959.