Costas v. Marmarellis

Appellate Terms of the Supreme Court of New York

Costas v. Marmarellis

200 Misc. 912, 111 N.Y.S.2d 909, 1951 N.Y. Misc. LEXIS 2834

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1951

StatusPublished

Cited by3 cases

This text of 200 Misc. 912 (Costas v. Marmarellis) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Costas v. Marmarellis, 200 Misc. 912, 111 N.Y.S.2d 909, 1951 N.Y. Misc. LEXIS 2834 (N.Y. Ct. App. 1951).

Pincite

Opinion

Per Curiam.

The complaint sets forth a good cause of action to recover gifts, or their value, alleged to have been made conditionally by plaintiffs to defendant in contemplation of her marriage to plaintiffs’ son. Such an action is not barred by article 2-A of the Civil Practice Act. It was therefore error to dismiss the plaintiffs ’ complaint for legal insufficiency.

The order should be unanimously reversed upon the law, with $10 costs and taxable disbursements to plaintiffs, and motion to dismiss the complaint denied, with $10 costs.

Fennelly, Hooley and Walsh, JJ., concur.

Order reversed, etc.

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