Corenbleth v. Gulden

Appellate Division of the Supreme Court of New York

Corenbleth v. Gulden

257 A.D. 629, 15 N.Y.S.2d 101, 1939 N.Y. App. Div. LEXIS 7832

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

DecidedOctober 27, 1939

StatusPublished

This text of 257 A.D. 629 (Corenbleth v. Gulden) 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

Corenbleth v. Gulden, 257 A.D. 629, 15 N.Y.S.2d 101, 1939 N.Y. App. Div. LEXIS 7832 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

We agree with the trial justice that the contract is ambiguous and that parol evidence was, therefore, admissible to explain the intention of the parties. We are, however, of the opinion that it was error to exclude testimony of the witness Stires of statements made by him to the defendant in the presence of the plaintiff Polishuk concerning the rights and liabilities of the defendant under the contract.

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Unteemyee, Dore and Cohn, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

We agree with the trial justice that the contract is ambiguous and that parol evidence was, therefore, admissible to explain the intention of the parties. We are, however, of the opinion that it was error to exclude testimony of the witness Stires of statements made by him to the defendant in the presence of the plaintiff Polishuk concerning the rights and liabilities of the defendant under the contract.

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Unteemyee, Dore and Cohn, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

257 A.D. 629, 15 N.Y.S.2d 101, 1939 N.Y. App. Div. LEXIS 7832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corenbleth-v-gulden-nyappdiv-1939.