Chmelik v. Swankirk Realty Corp.

Appellate Division of the Supreme Court of New York

Chmelik v. Swankirk Realty Corp.

232 A.D. 828

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

DecidedMarch 15, 1931

StatusPublished

This text of 232 A.D. 828 (Chmelik v. Swankirk Realty Corp.) 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

Chmelik v. Swankirk Realty Corp., 232 A.D. 828 (N.Y. Ct. App. 1931).

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Opinion

Judgment reversed upon the law and the facts, with costs, and judgment [829]*829directed for plaintiff, with costs, for the amount of the down payment and the amount of the fees, together with interest. The encroachment was a material one; no question of law was raised as to it, and no question of fact was submitted to the jury. Order denying motion to set aside the verdict and to grant a new trial reversed and motion granted to the extent of setting aside the verdict, without costs. Lazansky, P. J., Young, Hagarty, Scudder and Tompkins, JJ., concur. Settle order on notice.

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Judgment reversed upon the law and the facts, with costs, and judgment [829]*829directed for plaintiff, with costs, for the amount of the down payment and the amount of the fees, together with interest. The encroachment was a material one; no question of law was raised as to it, and no question of fact was submitted to the jury. Order denying motion to set aside the verdict and to grant a new trial reversed and motion granted to the extent of setting aside the verdict, without costs. Lazansky, P. J., Young, Hagarty, Scudder and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

232 A.D. 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chmelik-v-swankirk-realty-corp-nyappdiv-1931.