D'Amato v. D'Amato

Appellate Division of the Supreme Court of New York

D'Amato v. D'Amato

25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4476

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

DecidedApril 19, 1966

StatusPublished

This text of 25 A.D.2d 733 (D'Amato v. D'Amato) 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

D'Amato v. D'Amato, 25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4476 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously affirmed, without costs and without disbursements. The complaint sought, and the court awarded, the sums payable under the agreement for the year 1964. As the defense of breach of the agreement entitling defendant to rescind depended on acts allegedly occurring in 1965 and thereafter, it was properly dismissed. Nothing herein decided affects the rights of either party as to events taking place after 1964.

Concur — McNally, J. P., Stevens, Eager and Steuer, JJ.

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Judgment unanimously affirmed, without costs and without disbursements. The complaint sought, and the court awarded, the sums payable under the agreement for the year 1964. As the defense of breach of the agreement entitling defendant to rescind depended on acts allegedly occurring in 1965 and thereafter, it was properly dismissed. Nothing herein decided affects the rights of either party as to events taking place after 1964.

Concur — McNally, J. P., Stevens, Eager and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 733, 269 N.Y.S.2d 935, 1966 N.Y. App. Div. LEXIS 4476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damato-v-damato-nyappdiv-1966.