Cole v. J. Friedman Construction Co.

Appellate Division of the Supreme Court of New York

Cole v. J. Friedman Construction Co.

13 A.D.2d 543, 213 N.Y.S.2d 182, 1961 N.Y. App. Div. LEXIS 11868

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

DecidedMarch 27, 1961

StatusPublished

This text of 13 A.D.2d 543 (Cole v. J. Friedman Construction Co.) 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

Cole v. J. Friedman Construction Co., 13 A.D.2d 543, 213 N.Y.S.2d 182, 1961 N.Y. App. Div. LEXIS 11868 (N.Y. Ct. App. 1961).

Pincite

Opinion

In an action by the vendee named in a contract for the purchase and sale of real property, to recover the money paid by him upon the signing thereof, on the ground that he was unable to obtain a mortgage loan as therein provided, defendant appeals: (1) from an order of the County Court, Westchester County, dated April 19, 1960, granting plaintiff’s motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment striking out the answer, and denying defendant’s cross motion for summary judgment; and (2) from the judgment of said court, entered April 20, 1960, on said order. Order modified by striking out the first decretal paragraph granting plaintiff’s motion for summary judgment, and by substituting therefor a paragraph deny[544]*544ing plaintiff’s said motion; and judgment vacated. As so modified, the order is affirmed, without costs. The record presents issues of fact which should be determined after trial (cf. Falk v. Goodman, 7 N Y 2d 87). Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action by the vendee named in a contract for the purchase and sale of real property, to recover the money paid by him upon the signing thereof, on the ground that he was unable to obtain a mortgage loan as therein provided, defendant appeals: (1) from an order of the County Court, Westchester County, dated April 19, 1960, granting plaintiff’s motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment striking out the answer, and denying defendant’s cross motion for summary judgment; and (2) from the judgment of said court, entered April 20, 1960, on said order. Order modified by striking out the first decretal paragraph granting plaintiff’s motion for summary judgment, and by substituting therefor a paragraph deny[544]*544ing plaintiff’s said motion; and judgment vacated. As so modified, the order is affirmed, without costs. The record presents issues of fact which should be determined after trial (cf. Falk v. Goodman, 7 N Y 2d 87). Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

13 A.D.2d 543, 213 N.Y.S.2d 182, 1961 N.Y. App. Div. LEXIS 11868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-j-friedman-construction-co-nyappdiv-1961.