de Leon v. Caplan

Appellate Terms of the Supreme Court of New York

de Leon v. Caplan

204 Misc. 535, 126 N.Y.S.2d 482, 1953 N.Y. Misc. LEXIS 2452

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 14, 1953

StatusPublished

This text of 204 Misc. 535 (de Leon v. Caplan) 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

de Leon v. Caplan, 204 Misc. 535, 126 N.Y.S.2d 482, 1953 N.Y. Misc. LEXIS 2452 (N.Y. Ct. App. 1953).

Pincite

Opinion

Per Curiam.

The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

Walsh, Mubphy and Ughetta, JJ., concur.

Judgment and order reversed, etc.

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Per Curiam.

The court was in error in holding that tender was a condition precedent to the beginning of the cause of action for fraud. The provisions of section 112-g of the Civil Practice Act dispense with this requirement.

The judgment and order should be unanimously reversed upon the law and motion for a new trial granted, with $20 costs to plaintiff to abide the event.

Walsh, Mubphy and Ughetta, JJ., concur.

Judgment and order reversed, etc.

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Bluebook (online)

204 Misc. 535, 126 N.Y.S.2d 482, 1953 N.Y. Misc. LEXIS 2452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-leon-v-caplan-nyappterm-1953.