Home/New York Court of Appeals/D'Angelo v. Bob Hastings Oldsmobile, Inc.

D'Angelo v. Bob Hastings Oldsmobile, Inc.

451 N.E.2d 471, 59 N.Y.2d 773, 464 N.Y.S.2d 724, 1983 N.Y. LEXIS 3116
CourtNew York Court of Appeals
DecidedJune 2, 1983
StatusPublished
Cited by15 cases

This text of 451 N.E.2d 471 (D'Angelo v. Bob Hastings Oldsmobile, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D'Angelo v. Bob Hastings Oldsmobile, Inc., 451 N.E.2d 471, 59 N.Y.2d 773, 464 N.Y.S.2d 724, 1983 N.Y. LEXIS 3116 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The findings of fact made by the trial court with respect to plaintiff’s right to recover in his action for equitable rescission grounded in fraud, having been affirmed at the Appellate Division, may not be disturbed in our court, there being evidence in the record for their support, and such findings are sufficient as a matter of law to establish plaintiff’s right to recover in that action. With respect to defendant’s counterclaim for damages based on an alleged implied contract for storage, the determination of the Appellate Division that the proof was insufficient to establish such a contract more nearly comports with the weight of the evidence.

[775]*775Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
451 N.E.2d 471, 59 N.Y.2d 773, 464 N.Y.S.2d 724, 1983 N.Y. LEXIS 3116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dangelo-v-bob-hastings-oldsmobile-inc-ny-1983.