Cohen v. Jonathan Levi Co.

Appellate Division of the Supreme Court of New York

Cohen v. Jonathan Levi Co.

242 A.D. 725

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1934·Published

Opinion

— Summary judgment affirmed, with costs. Hill, P. J., McNamee and Crapser, JJ., concur; Rhodes and Heffeman, JJ., dissent and vote to reverse and grant a new trial upon the ground that the terms of the lease are ambiguous and that the intent of the parties is a question of fact and that under this lease defendant is at liberty to introduce extraneous evidence to show the intent of the parties. (Dealy v. Klapp, 199 App. Div. 150.) [150 Misc. 565.]

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— Summary judgment affirmed, with costs. Hill, P. J., McNamee and Crapser, JJ., concur; Rhodes and Heffeman, JJ., dissent and vote to reverse and grant a new trial upon the ground that the terms of the lease are ambiguous and that the intent of the parties is a question of fact and that under this lease defendant is at liberty to introduce extraneous evidence to show the intent of the parties. (Dealy v. Klapp, 199 App. Div. 150.) [150 Misc. 565.]

Cohen v. Jonathan Levi Co., 242 A.D. 725 (N.Y. Ct. App. 1934).

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Opinion

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